An annulment is a legal process that declares a marriage null and void, as if it never happened, in contrast to divorce, which ends a valid marriage.
Types of Annulments
Annulments are possible for marriages that are either legally void or voidable.
- Voiding a Marriage:
For a marriage to be void, it is considered invalid from the start, and no judicial action is required to dissolve it. Examples include:- One party was already married.
- The marriage was between close relatives.
- One party was mentally incapacitated at the time of the ceremony.
- A marriage between same-sex partners (prior to legalization) is void.
- If either party was under 18 when entering into a common-law marriage.
- Void Marriages:
These can be challenged by either party or a third party (e.g., a parent or guardian). In Pennsylvania, a guardian of a minor could seek to annul a common-law marriage before the minor reaches 18. - Voidable Marriages:
Voidable marriages are considered valid until annulment is sought by one party. They can only be challenged by a party to the marriage, not a third party. Examples of situations where a marriage might be voidable include:- Intoxication: If either party was intoxicated during the ceremony and didn’t understand what they were doing.
- Mental Disability: If one party had a mental disability at the time of the marriage.
- Impotence: If one spouse is incurably impotent.
- Underage Marriage: If one party was underage at the time of the marriage.
- Fraud or Duress: If someone was coerced into marriage or misled about its nature.
- Mistake: If one party mistakenly believes the ceremony was legitimate but it wasn’t performed by a qualified officiant.
- Pregnancy by Another: If the wife becomes pregnant by another man without the husband’s knowledge.
If a marriage is voidable, annulment must be sought within 60 days from the ceremony.
Effect of an Annulment
When a marriage is annulled:
- The marriage is legally voided, and it is as though the marriage never existed.
- Children from the marriage remain legitimate, and child support may still be awarded.
- Property is treated as though the marriage never happened, meaning there is no marital property to divide.
In cases where a person was previously married but the first marriage was never legally dissolved, the second marriage might still be valid after the first is annulled or a divorce occurs. If both parties continued living together in good faith, they may be considered legally married from that point forward.
Purpose of Annulment
The goal of an annulment is to protect the innocent spouse who entered into the marriage unaware that the other party had not legally ended a previous marriage. If both parties want to stay together and remedy the situation, the marriage may continue as valid once the previous impediment is resolved.
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