Annulment
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Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date.
In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process.
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Grounds for annulment
Grounds for a marriage being voidable or void ab initio vary in different legal jurisdictions, but are typically limited to fraud, bigamy, and mental incompetence including that:
- Either spouse was already married to someone else at the time of the marriage;
- Either spouse was too young to be married, or too young without required court or parental consent;
- Either spouse was under the influence of drugs or alcohol at the time of the marriage;
- Either spouse was mentally incompetent at the time of the marriage;
- If the consent to the marriage was based on fraud or force;
- Either spouse was physically incapable to be married (typically, inability to have sexual intercourse which persists) at the time of the marriage;
- The marriage is prohibited by law due to the relationship between the parties.
- Infidelity exists in marriage, or partners are unfaithful
Annulment in the Catholic Church
In the case of the Catholic Church, annulment does not mean the same thing as divorce. Some accuse the Catholic Church of hypocrisy for preaching that all marriages are permanent but providing the means of annulment. The Church reconciles these two seeming opposing ideas by understanding that a "Declaration nullity" is not a dissolution of a marriage, but rather to determine whether a marriage was a sacrament (valid) or in contrary in some way to Divine Law as understood by the Catholic Church. While some may try to use an annulment to get around the "no divorce" rule, that is not the reason the Church gives for the availability of annulment. According to the Church, an annulment affirms the Scriptural basis of divorce and at the same time affirms that in a true marriage, a man and a woman become one flesh before the eyes of God.
For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed.132 In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. -Catechism of the Catholic Church #1629
Marriages that are annulled under the Catholic Church are usually considered as ab initio, meaning that the marriage has been essentially invalid from the beginning. Some Catholics therefore worry that their children will be considered illegitimate if they get an annulment. However, Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children born in both recognized and putative marriages (those later declared null). Critics point to this as additional evidence that a Catholic annulment is similar to divorce.
An annulment verified by the Catholic Church is independent from obtaining a civil divorce, although before beginning a process in front of the Ecclesiastical Tribunal, it has to be clear that the marriage community cannot be rebuilt.
If someone has all the signs of being married previously, he or she must get an annulment before entering into a marriage in the Catholic Church, even if the individual was not married in the Catholic Church previously. Catholics acknowledge the indissolubility of marriage for any baptized persons who give themselves freely in the bond of marriage and recognizes the marriages of other Christians in most cases. However it may decide not to recognize previous marriages involving Catholics conducted contrary to the Ne Temere requirements.
See also: Pauline privilege
Annulment in New York State
The cause of action for annulment in New York State is generally fraud (DRL §140 (e)). There are other arguments; see the Statute.
"Fraud" generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendant's statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL §144). The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered, or could reasonably have been discovered.
A bigamous marriage (one party was still married at the time of the
second marriage) cannot be annulled —it is void ab initio (not legal from its inception). However, either party (as well as certain other parties) can petition the Court with an "Action to Declare the Nullity of a Void Marriage" (DRL §140 (a)). The Court, upon proper pleadings, renders a judgment that the marriage is void. There may be effects of marriage such as a property settlement and even maintenance if the court finds it equitable to order such relief.
Multiple annulments
- Henry VIII of England had four of his six marriages annulled. These marriages were to Catherine of Aragon (on the grounds that she had already been married to his brother), Anne Boleyn and Catherine Howard (both of whom he later had executed) and Anne of Cleves (on the grounds of not consummating the marriage).
See also
- Catholic marriage theology
- Divorce
- Nullity (conflict) for a discussion of the rules relating to the annulment of marriage (conflict) in the Conflict of Laws
- Separation