What Is The Annulment Of Marriage? How Is Annulment Different From Divorce

September 25, 2023    divorcelawyersperthwa
What Is The Annulment Of Marriage? How Is Annulment Different From Divorce

When it comes to breaking up a marriage, there might be some doubt about whether a marriage annulment or divorce proceedings are the best option. However, certain basic elements of annulments and divorces play important parts in determining the most favorable conclusion to a marital situation for one or both parties.

Furthermore, long-term beliefs may cause someone to ignore the best decision, such as confusion about whether obtaining an annulment is still possible after a long period of marriage.

This article explains how is an Annulment Different From Divorce

Divorce and Annulment: Definitions

The most important distinction between a divorce and an annulment is that a divorce cancels a lawfully valid marriage, but an annulment formally declares a marriage legally null.

Annulment: A legal decision that declares that a marriage is null and invalid and that the relationship was never legally binding. However, the marriage documents remain on file even if the wedding is annulled. An annulment does not imply that the wedding never occurred; it simply implies that the union was never legally legitimate.

Divorce: Divorce is the dissolution, termination, and cancellation of a legally recognized marriage. A divorce dissolves a formal marriage and makes the couple single once more.

The Explanations for Divorce vs. Annulment

In law, “grounds” explain a decision’s justification. There are several reasons for seeking a divorce rather than an annulment. At its foundation, divorce occurs when either or both spouses choose to quit the partnership. This portion of the article will discuss the Annulment vs. divorce comparison.

Divorce: Fault vs. No-Fault

Adultery, imprisonment, or desertion are all typical causes of fault divorces. A no-fault divorce does not need either party to establish blame on their partner’s side to be eligible for the separation to be granted. In all states, no-fault divorce is legal. “Irreconcilable disagreements” is a common reason for a divorce without fault.

Irrespective of the form, the divorced spouse may still have belongings, finances, custody of children, and other issues that court rulings must resolve. Fault divorces can result in greater payouts for the side that was not at fault.

Legal Separation Versus Divorce

A complete divorce is the legal dissolution of a marriage in which both partners return to single status. The divorce determines property split, support for spouses, custody, and financial support for children.

This is not the same as a formal separation, whereby the couple’s ability to live together is ended, but they stay married in law. This is the basic difference between divorce and legal separation.

Divorce Waiting Periods

Some states set a time limit between when either party can file for divorce and when the court can formally dissolve the marriage. Some states presently have this rule, frequently called a cooling-off period, to prevent spouses from divorcing prematurely.

When Should You Get an Annulment?

Obtaining an annulment of marriage is not always attainable because of the conditions. It is only allowed in particular circumstances, such as:

  • The marriage happened as a result of dishonesty or compulsion.
  • One of the spouses cannot have children and has lied about it.
  • At the moment of the marriage, one partner had been legally wed to someone else.
  • At the time of the marriage, one or both parties were minors and could not agree legally.
  • Due to physical limitations, the couple was unable to consummate their marriage.
  • Due to the effect of the drink, narcotics, or a mental condition, one person can obtain Annulment due to duress.
  • Both partners are too closely connected to qualify for marriage.

Annulment vs. Divorce Timing

The majority of annulments occur during the initial year or two after marriage. However, many states lack a law of limitations limiting when one can file. Because the marriage is invalid, you can seek recognition at any moment. A marriage must still fulfill one or more of the above mentioned requirements to be annulled.

Furthermore, Legal consequences of annulment state that a long-term marriage may not be eligible for an annulment. Many governments will not give an annulment once a specified amount of time has passed.

An annulment can be sought very shortly after becoming married. However, in other states, a couple must have been married or paired for some time (for example, a couple of years) before applying for divorce. Additionally, several states mandate the couple to live apart for a certain amount of time until either party can petition for divorce.

An annulment hearing

When a party submits an annulment request, the other side can respond in kind. If the couple cannot agree on an annulment, the legal system will schedule a hearing to decide whether their marriage was lawful when both partners accepted it.

Following a Divorce or Annulment

Another distinction between the two forms of marital dissolution is that a marriage is legally deemed to have never occurred following an annulment. It’s as though time has stopped before the couple got married. Following a divorce law, former partners may still have duties towards each other, such as maintenance for spouses and property split.

  • Children

If a couple has kids and the marriage is annulled, the kids remain “legitimate.” However, the presumed parenthood status alters in certain places, and the judge must determine the children’s parentage during the annulment procedure.

Following that (or immediately in regions where the presumption remains the same), the judge and the legislature can establish custody and maintenance obligations, just as they would in a divorce procedure. Even if the marriage of a parent is considered unlawful, children remain entitled to the financial assistance of both parents.

  • Finances 

Following a divorce, partners are frequently liable for spousal maintenance, alimony, or a percentage of each other’s income or property obtained during the marriage.

In the case of an annulment, both individuals are not recognized as lawful spouses and are, therefore, no longer entitled to the same privileges. Rather, they will return to their pre-marriage financial situation.

Concluding Thoughts

It is important to understand that the laws regulating divorce and Annulment differ from region to region; what may be favorable in one region may be detrimental in another. Contacting a Divorce lawyer in Perth before proceeding with a divorce or Annulment is essential, regardless of location. Similarly, if your spouse presents you with divorce papers, seek legal advice to discuss your alternatives for challenging the divorce or finding the best available conclusion.

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