A statutory annulment declares a marriage was never valid and is treated as if it never existed, different from divorce. Legal and religious annulments differ, with legal annulments granted for reasons such as fraud, illegality, force, or incapacity. An attorney is usually needed to secure a legal annulment.
A statutory annulment is a statement that a marriage was never valid in the first place, and is dissolved and treated under the law as if it never existed. This differs from divorce, the dissolution of a legally valid marriage based on problems that have arisen in the course of the marriage. It is important to distinguish between legal and religious annulments. Some churches, such as the Catholic Church, have the power to annul marriages by declaring them unrecognized by religious authorities, but this is not the same as a legal annulment.
Marriages can be annulled under the law for a number of different reasons. Fraud, such as getting someone to marry under false pretenses, is one example. People can also seek an annulment if they find that a marriage is considered illegal by law, as is the case with bigamous marriages in areas where multiple spouses are not legally allowed or incestuous marriages that violate close genetic marriage laws .
Judicial annulment may also be requested if force or coercion was involved in the marriage contract. People who are threatened, blackmailed, or otherwise forced into marriage may argue that the marriage was illegal all along. Marriages involving minors or people without the capacity to consent can also be legally annulled, such as people with profound cognitive disabilities and some marriages involving mental illness.
Statutory annulment is a retroactive court order, declaring that the marriage should be treated as if it never happened. The marriage parties do not have access to remedies such as alimony and child support, as they are not in a legally recognized relationship. In cases where one partner is a danger to the other, people may also request protective orders and other measures to feel safer.
An attorney is usually needed to secure a legal annulment efficiently and quickly. The attorney will develop a case and present it to a judge, with supporting information such as testimonials about the circumstances of the marriage. The judge will review the material and determine whether the initial marriage was legal. If so, the judge cannot grant an annulment and the parties must file for divorce. Many regions allow no-fault divorce, in which people do not need to provide reasons for a court-ordered dissolution of marriage, allowing the court to move forward with proceedings without the need for extensive testimony or arguments.
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