Annulment is a legal process that terminates a marriage, declaring it null and void. Reasons for annulment include underage marriage, bigamy, inability or refusal to consummate the marriage, and fraudulent statements. An annulment can also be sought to remarry in the Catholic Church.
In an annulment, the courts terminate a marriage. She differs from a divorce in that the courts effectively declare the marriage null and void, as if it never happened. There are a number of reasons for annulment, including if one or both parties were under the legal age to marry, one party was legally married to another person prior to entering into their current marriage, or a person was not able to degree or did not want to consummate the marriage. Additional grounds for annulment include forcibly or under duress marriage and withholding important information, such as a criminal record or sexually transmitted disease.
Having another spouse alive at the time of the marriage is one reason for annulment. This deception allows the court to declare a marriage contract invalid. This is true even if the new spouse knew about the previous spouse at the time of marriage.
In other situations, one of the parties may be under the legal age of consent for the marriage. Age requirements vary by jurisdiction. In some cases, this rule may still apply if the couple traveled to a different location that was of a lower legal marrying age to marry, but annulment laws regarding this situation differ by jurisdiction.
There are also extenuating circumstances that may justify cancellation. For example, a person who has been threatened or coerced into marriage usually has grounds for an annulment. Finding out that the spouses are close relatives is also grounds for annulment in many jurisdictions. Likewise, evidence that one of the parties based the marriage on fraudulent statements could lead to the dissolution of the marriage. For example, a person who marries for the purpose of obtaining citizenship has committed fraud in most jurisdictions, creating grounds for annulment.
In a marriage where either party cannot consummate the marriage, annulment may be an option. When one party is impotent and has not disclosed this fact before the marriage, the grounds for annulment have usually been satisfied. Annulment can also be granted in cases where one of the parties simply refuses to consummate the marriage.
An individual can also apply for an annulment to ensure that they will be able to marry later in the Catholic Church. Even when there is a legal divorce, the Catholic Church still sees the couple as married. As part of the process, the Catholic Church requires that the ex-spouse be notified of their intention to seek an annulment, giving them the opportunity to make a statement if they wish. This happens without the former spouses having to make contact of any kind.
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