An annulment is granted only when the Court is convinced of valid legal grounds, and a nullity decree is an order issued by a Court that declares that a marriage either was void or invalid. Once formalized, the annulment treats the marriage as if it never legally occurred.
Due to the complex nature of annulments, seeking advice from one of our family lawyers provides peace of mind and guidance through challenging circumstances.
To secure an annulment, you must demonstrate that you have valid grounds for doing so. This process involves obtaining a court order to prove that the marriage was invalid or did not exist. An annulment is often difficult to obtain and is only granted under very limited circumstances. To obtain an annulment, it is crucial that you rely on the assistance of an experienced lawyer.
Common grounds for annulment include fraud, misrepresentation, lack of consent, mental incapacity, and underage marriage without proper consent. Unlike divorce, which dissolves a valid marriage, an annulment declares that the marriage was never legally valid.
An annulment does not render the children of the marriage illegitimate. If the marriage is voidable, the children remain the lawful offspring of the marriage even after an annulment. If the marriage is declared void, the children are still considered legitimate if it was registered according to the law and at least one party believed it valid.
When the Court grants an annulment, it may also issue orders for financial support, custody of children, and distribution of property. However, a person who knew or should have known that the marriage would be void at the time of the marriage may not have rights to marital property.
Some individuals seek annulments for religious reasons. If your faith disapproves of divorce, consult your religious leader before seeking legal advice. Some religions permit a civil divorce and a church annulment, allowing you to remarry within your faith. It is important to understand that a religious annulment is distinct from a legal annulment and may not be recognized by the Court.
If you believe you have grounds for an annulment but continue to live with your spouse, the Court may interpret this as an agreement to continue the marriage and may dismiss or waive your annulment request.
Choosing the right family lawyer is a critical step in navigating legal challenges with confidence. Family Law is a dynamic and delicate practice that demands compassion, care, and communication. Our lawyers handle each case collaboratively, leveraging over 50 years of experience from the day of your free consultation to when your file becomes closed. Our initial consultation is designed to listen to your concerns, understand your goals, and offer clear, thoughtful guidance. We work hard to build a trusting relationship and offer the dependable support you need to move forward with peace of mind.
The presence of children does not significantly impact the decision to grant an annulment. Children from a voided marriage are considered lawful if the marriage was registered legally and at least one party believed it was valid.
After an annulment, the Court may issue orders for child custody and financial support, treating the situation similarly to a divorce. Property division and spousal support may also be ordered if there is no evidence that the marriage was knowingly invalid.
An annulment can be sought at any time after the marriage. However, applying as soon as possible is advisable, as delaying might imply acceptance of the marriage’s validity, which could affect the annulment process.
A religious annulment, granted by a religious leader, is a separate process from a legal annulment. It may allow for remarriage within the religious community, but it’s important to note that it does not replace the need for a legal divorce.