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Annulment is a
legal procedure Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are ...
within
secular Secularity, also the secular or secularness (from Latin , or or ), is the state of being unrelated or neutral in regards to religion. The origins of secularity can be traced to the Bible itself. The concept was fleshed out through Christian hi ...
and
religious Religion is a range of social- cultural systems, including designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relate humanity to supernatural ...
legal system A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ...
s for declaring a
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
null and void. Unlike
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a
void marriage A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no form ...
or a
voidable marriage A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to ...
null.John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, , pp. 33–34


Void vs voidable marriage

A difference exists between a ''
void marriage A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no form ...
'' and a ''
voidable marriage A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to ...
''. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ''
ab initio ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ("from") + , ablative singular of ("beginning"). Etymology , from Latin, literally "from the beginning", from ablative case of "entrance", "beginning", related t ...
''. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the marriage was voided. Under the laws of most nations, children born during a void marriage are considered legitimate. Depending upon the jurisdiction, reasons for why a marriage may be legally void may include
consanguinity Consanguinity (from Latin '':wikt: consanguinitas, consanguinitas'' 'blood relationship') is the characteristic of having a kinship with a relative who is descended from a common ancestor. Many jurisdictions have laws prohibiting people who are ...
( incestual marriage),
bigamy In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their mar ...
,
group marriage ''Group Marriage'' is a 1972 sex comedy film directed by Stephanie Rothman. It was the first film she made for Dimension Pictures, a company in which she was a minor shareholder with her husband Charles Swartz along with Larry Woolner. Plot Chri ...
, or
child marriage Child marriage is a practice involving a marriage or domestic partnership, formal or informal, that includes an individual under 18 and an adult or other child.* * * * Research has found that child marriages have many long-term negative co ...
. A voidable marriage is a marriage that can be canceled at the option of one of the parties. The marriage is valid, but may be annulled if contested in court by one of the parties to the marriage. The petition to void the marriage must be brought by one of the parties to the marriage, and a voidable marriage thus cannot be annulled after the death of one of the parties. A marriage may be voidable for a variety of reasons, depending on jurisdiction. Common reasons for allowing a party to void a marriage include entry into the marriage as a result of threat or coercion. Some jurisdictions have a distinction between legal age of majority and legal age of marriage; in this case, it is usually the custom that the marriage can proceed with parental or guardian consent, and the marital parties being able to ratify or void the marriage upon reaching the age of majority. These are also considered voidable marriages. The principal difference between a void and voidable marriage is that, as a void marriage is invalid from the beginning, no legal action is required to set the marriage aside. A marriage may be challenged as void by a third party, for example in probate proceedings during which a party to the void marriage is claiming inheritance rights as a spouse. In contrast, a voidable marriage may be ended only through the judgment of a court, and may be voided only upon the petition of one of the parties to the marriage or, if a party is under a legal disability, by a third party representative such as a parent or legal guardian. The legal distinction between void and voidable marriages can be significant in relation to
forced marriage Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...
. In a jurisdiction that classifies forced marriages as void, then the state can cancel the marriage even against the will of the spouses. In contrast, if the law provides that a forced marriage is voidable then, even if it can be proved that the marriage was forced, the state cannot act to end the marriage in the absence of an application by a spouse.


Christianity


Catholicism

In the
canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
of the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
, an annulment is properly called a "Declaration of Nullity", because according to Catholic doctrine, the
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
of
baptized Baptism (from ) is a Christian sacrament of initiation almost invariably with the use of water. It may be performed by sprinkling or pouring water on the head, or by immersing in water either partially or completely, traditionally three ...
persons is a
sacrament A sacrament is a Christian rite which is recognized as being particularly important and significant. There are various views on the existence, number and meaning of such rites. Many Christians consider the sacraments to be a visible symbol ...
and, once
consummated The consummation of a marriage, or simply consummation, is the first officially credited act of sexual intercourse following marriage. In many traditions and statutes of civil or religious law, the definition usually refers to penile–vaginal p ...
and thereby confirmed, cannot be dissolved as long as the parties to it are alive. A "Declaration of Nullity" is not dissolution of a marriage, but merely the legal finding that a valid marriage was never contracted. This is analogous to a finding that a contract of sale is invalid, and hence, that the property for sale must be considered to have never been legally transferred into another's ownership. A divorce, on the other hand, is viewed as returning the property after a consummated sale. The
Pope The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...
may dispense from a marriage '' ratum sed non consummatum'' since, having been ratified (''ratum'') but not consummated (''sed non-consummatum''), it is not absolutely unbreakable. A valid natural marriage is not regarded as a sacrament if at least one of the parties is not
baptized Baptism (from ) is a Christian sacrament of initiation almost invariably with the use of water. It may be performed by sprinkling or pouring water on the head, or by immersing in water either partially or completely, traditionally three ...
. In certain circumstances it can be dissolved in cases of
Pauline privilege The Pauline privilege () is the allowance by the Roman Catholic Church of the dissolution of marriage of two persons not baptized at the time the marriage occurred. The Pauline privilege is drawn from the Apostle Paul's instructions in the Fi ...
and Petrine privilege, but only for the sake of the higher good of the spiritual welfare of one of the parties. Although an annulment is thus a declaration that "the marriage never existed", the Church recognizes that the relationship was a
putative marriage A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partn ...
, which gives rise to "natural obligations". In canon law, children conceived or born of either a valid or a putative marriage are considered legitimate, and illegitimate children are legitimized by a putative marriage of their parents, as by a valid marriage. Certain conditions are necessary for the marriage contract to be valid in canon law. Lack of any of these conditions makes a marriage invalid and constitutes legal grounds for a declaration of nullity. Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity. For annulment, proof is required of the existence of one of these defects, since canon law presumes all marriages are valid until proven otherwise. Canon law stipulates
canonical impediment In the canon law (Catholic Church), canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacraments of the Catholic Church, sacrament from being performed either Validity and liceity (Catholic Church), validly or lic ...
s to marriage. A diriment impediment prevents a marriage from being validly contracted at all and renders the union a putative marriage, while a ''prohibitory'' impediment renders a marriage valid but not licit. The union resulting is called a putative marriage. An invalid marriage may be subsequently convalidated, either by simple convalidation (renewal of consent that replaces invalid consent) or by ''sanatio in radice'' ("healing in the root", the retroactive dispensation from a diriment impediment). Some impediments may be dispensed from, while those ''de jure divino'' (of divine law) may not be dispensed. In some countries, such as
Italy Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land b ...
, in which Catholic Church marriages are automatically transcribed to the civil records, a Church declaration of nullity may be granted the
exequatur An exequatur (Latin, literally "let it execute") is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority. International relations An exequatur is a letters ...
and treated as the equivalent of a civil divorce.


Independent Catholicism

Annulments are granted by certain
Independent Catholic Independent Catholicism is an independent sacramental movement of clergy and laity who Independent Catholicism#Appeal of Independent Catholicism to Catholic and Christian tradition, self-identify as Catholic (most often as Old Catholic or as Ind ...
denominations, such as the Evangelical Catholic Church.


Anglicanism

The
Church of England The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
, the
mother church Mother church or matrice is a term depicting the Christian Church as a mother in her functions of nourishing and protecting the believer. It may also refer to the primary church of a Christian denomination or diocese, i.e. a cathedral church, or ...
of the worldwide
Anglican Communion The Anglican Communion is a Christian Full communion, communion consisting of the Church of England and other autocephalous national and regional churches in full communion. The archbishop of Canterbury in England acts as a focus of unity, ...
, historically had the right to grant annulments, while divorces were "only available through an Act of Parliament." Examples in which annulments were granted by the Anglican Church included being under age, having committed fraud, using force, and lunacy. Certain
Continuing Anglican The Continuing Anglican movement, also known as the Anglican Continuum, encompasses a number of Christian churches, principally based in North America, that have an Anglican identity and tradition but are not part of the Anglican Communion. The ...
denominations, such as the Anglican Catholic Church, offer annulments, which are granted by the
bishop A bishop is an ordained member of the clergy who is entrusted with a position of Episcopal polity, authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance and administration of di ...
.


Methodism

''Methodist Theology Today'', edited by Clive Marsh, states that:


Islam

''Faskh'' means "to annul" in
Islam Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
. It is a
Sharia Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...
-granted procedure to judicially rescind a marriage. A man does not need grounds to divorce his wife in Islam. To divorce, he can simply invoke ''Talaq'' and part with the
dower Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settlement (law), settled on the bride (being given into trust instrument, trust) by agreement at the time of t ...
he gave her before marriage; alternatively, he can invoke the ''Lian'' doctrine in case of adultery, either by bringing four witnesses who saw the wife committing adultery or by self-testifying and swearing by Allah four times. Sharia law then requires the court to grant the divorce requested by the man. ''Talaq'' is controversial, though it is a widely held belief, the Qu'ran insists counseling between two parties is necessary first before considering divorce when there is dissention/contention between spouses (Qu'ran ). The marriage contract clauses agreed upon must be honored when divorce is invoked. Also, Sharia does grant a Muslim woman simple ways to end her marital relationship and without declaring the reason. ''Faskh'' or (kholo) (annulment) doctrine specifies certain situations when a Sharia court can grant her request and annul the marriage. Grounds for Faskh are:Lynn Welchman (2000), Beyond the Code: Muslim Family and the Shari'a Judiciary in the Palestinian West Bank, Springer, , pp. 311–318 (a) irregular marriage (''fasid''), (b) forbidden marriage (''batil''), (c) the marriage was contracted by non-Muslim husband who adopted Islam ''after'' marriage, (d) the husband or wife became an
apostate Apostasy (; ) is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous religious beliefs. One who ...
after marriage, (e) husband is unable to consummate the marriage. In each of these cases, the wife must provide four independent witnesses acceptable to the ''Qadi'' (religious judge), who has the discretion to declare the evidence unacceptable.J Rehman (2007), The sharia, Islamic family laws and international human rights law: Examining the theory and practice of polygamy and talaq, International Journal of Law, Policy and the Family, 21(1): 108–127 In Sunni
Maliki The Maliki school or Malikism is one of the four major madhhab, schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas () in the 8th century. In contrast to the Ahl al-Hadith and Ahl al-Ra'y schools of thought, the ...
school of jurisprudence (
fiqh ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is of ...
), cruelty, disease, life-threatening ailment and desertion are additional
Sharia Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...
approved grounds for the wife or the husband to seek annulment of the marriage. In these cases too, the wife must provide two male witnesses or one male and two female witnesses or in some cases four witnesses, acceptable to the ''Qadi'' (religious judge), who has the discretion to declare the evidence unacceptable. In certain circumstances, an unrelated Muslim can petition a ''Qadi'' to void (faskh) the marriage of a Muslim couple who may not want the marriage to end. For example, in case the third party detects apostasy from Islam by either husband or wife (through
blasphemy Blasphemy refers to an insult that shows contempt, disrespect or lack of Reverence (emotion), reverence concerning a deity, an object considered sacred, or something considered Sanctity of life, inviolable. Some religions, especially Abrahamic o ...
, failure to respect Sharia, or conversion of husband or wife or both from Islam to
Christianity Christianity is an Abrahamic monotheistic religion, which states that Jesus in Christianity, Jesus is the Son of God (Christianity), Son of God and Resurrection of Jesus, rose from the dead after his Crucifixion of Jesus, crucifixion, whose ...
, etc.). In cases of apostasy, in addition to annulment of the marriage, the apostate may face additional penalties such as death sentence, imprisonment and civil penalties unless they repent and return to Islam.


Civil law


Australia

Since 1975, Australian law provides only for void marriages. Before 1975, there were both void and voidable marriages. Today, under the ''
Family Law Act 1975 The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separ ...
'' (Cth.) a decree of nullity can only be made if a marriage is void.Dickey, A. (2007) ''Family Law'' (5th Ed) A marriage is void if: * one or both of the parties were already married at the time (i.e.
bigamy In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their mar ...
) * the parties are in a prohibited relationship (i.e. closely related such as
siblings A sibling is a relative that shares at least one parent with the other person. A male sibling is a brother, and a female sibling is a sister. A person with no siblings is an only child. While some circumstances can cause siblings to be raised ...
) * the parties did not comply with the marriage laws in the jurisdiction where they were married (note that although a marriage contracted abroad is in general considered valid in Australia, in certain cases, such as when there are serious contradictions with the marriage laws of Australia, the marriage is void) * one or both of the parties were under-age and did not have the necessary approvals, (minimum marriageable age is 16, but 16- and 17-years-olds need special court approval) or * one or both of the parties were forced into the marriage.


England and Wales

England and Wales provides for both void and voidable marriages. ;Void marriage *Spouses are closely related *One of the spouses was under the minimum age for marriage at the time (16 before 27 February 2023 and 18 from then) *One of the spouses was already married or in a civil partnership ;Voidable marriage *Non- consummation *No proper consent to entering the marriage (forced marriage) *The other spouse had a sexually transmitted disease at the time of marriage *The woman was pregnant by another man at the time of marriage *One of the spouses is in the process of changing their legal gender Section 13 of the
Matrimonial Causes Act 1973 The Matrimonial Causes Act 1973 (c. 18) is an act of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Relief for Part ...
provides for certain restrictions in regard to the possibility of annulling voidable marriages, including where the petitioner knew of the "defect" and of the possibility of annulment, but induced the respondent to believe that the petitioner would not seek an annulment; or where it would be "unjust" to the respondent to grant the decree of nullity. There is usually a time limit of three years from the date of the marriage in order to institute the proceedings.


France

In
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
, a country of
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
tradition, annulment features prominently in law, and can be obtained for many reasons. The law provides for both void and voidable marriages. (see articles 180 to 202, and articles 144, 145, 146, 146–1, 147, 148, 161, 162, 163, and 164 of the French Civil Code) * void marriage: forced marriage (not to be confused with consent obtained under
deception Deception is the act of convincing of one or many recipients of untrue information. The person creating the deception knows it to be false while the receiver of the information does not. It is often done for personal gain or advantage. Tort of ...
which makes a marriage voidable not void); underage marriage; bigamy; incestuous marriage; lack of legal competence of the registrar; and clandestine marriage (i.e. hiding the marriage from the public, no witnesses present) * voidable marriage: vices of consent, i.e. consent obtained under deception/by misrepresentation of one's personal characteristics, personal past, intentions after marriage, etc., where the deceived spouse discovers after the marriage the deceit (given a very broad interpretation by the courts); and failure to secure the authorization of the person who should have authorized the marriage (i.e. lack of authorization of guardians of a mentally challenged spouse)


Philippines

Divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
is mostly not available as a legal method to dissolve marriage in the
Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
. To most of the Filipino population, annulment is the only legal recourse to dissolve marital unions. Muslims who married under Islamic rites can divorce. The annulment process and prerequisite under Philippine civil law are defined under the
Family Code of the Philippines The Family Code of the Philippines codifies family law in the Philippines. History In 1987, President Corazon Aquino enacted into law The Family Code of 1987, which was intended to supplant Book I of the Civil Code concerning persons and family re ...
. Under Philippine civil law, "annulment" and "declaration of nullity" are legally distinct. Annulments are considered valid until the point of termination, hence children conceived or born before termination are considered legitimate. This contrasts to a declaration of nullity, where a marital union is rendered a
void marriage A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no form ...
or never valid from the beginning. Annulments granted by religious institutions including the
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
church, the majority Christian denomination in the Philippines, does not legally void marriages. Married couples still have to seek civil annulment.


United States

In the United States, the laws governing annulment are different in each state. Although the grounds for seeking an annulment differ, as can factors that may disqualify a person for an annulment, common grounds for annulment include the following: * Marriage between close relatives. States typically prohibit marriages between a parent and child, grandparent and grandchild, or between siblings, and many restrict marriages between first cousins. * Mental incapacity. A person who is not legally capable of consenting to marriage based upon mental illness or incapacity, including incapacity caused by intoxication, may later seek an annulment. * Underage marriage. If one or both spouses are below the legal age to marry, then the marriage is subject to being annulled. *
Duress Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to i ...
. A person who enters a marriage due to threats or force may later seek an annulment. *
Fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
. A spouse is tricked into marrying the other spouse, through the misrepresentation or concealment of important facts about the other spouse, such as a criminal record, pregnancy by another man, or infection with a sexually transmitted disease. *
Bigamy In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their mar ...
. One spouse was already married at the time of the marriage for which annulment is sought. For some grounds of annulment, such as concealment of
infertility In biology, infertility is the inability of a male and female organism to Sexual reproduction, reproduce. It is usually not the natural state of a healthy organism that has reached sexual maturity, so children who have not undergone puberty, whi ...
, if after discovering the potential basis for an annulment a couple continues to live together as a married couple, that reason may be deemed forgiven. For underage marriages, annulment must typically be sought while the underage spouse remains a minor, or shortly after that spouse reaches the age of majority, or the issue is deemed waived.


Arizona

In
Arizona Arizona is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...
, a "voidable" marriage is one in which there is "an undissolved prior marriage, one party being
underage In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. ''Minor'' may also ...
, a blood relationship, the absence of mental or physical capacity, intoxication, the absence of a valid
license A license (American English) or licence (Commonwealth English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another part ...
,
duress Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to i ...
, refusal of intercourse, fraud, and misrepresentation as to religion."


Illinois

In
Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...
, an annulment is a judicial determination that a valid marriage never existed. One of the parties must file with the court a petition for invalidity of marriage. There are four grounds for annulment in Illinois: *Inability to consent to marriage, for example as a result of mental disability, intoxication, force, duress or fraud; *One spouse cannot have sexual intercourse, with that fact being unknown to the other spouse at the time of marriage; *One spouse was under the age of 18, and married without the consent of a parent, legal guardian, or court; and * The marriage was illegal, such as in the case of bigamy or certain close blood relationships.


Nevada

In
Nevada Nevada ( ; ) is a landlocked state in the Western United States. It borders Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the seventh-most extensive, th ...
, annulment is available when: a
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
that was void at the time performed (such as blood relatives,
bigamy In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their mar ...
), lacked
consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood i ...
(such as,
underage In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. ''Minor'' may also ...
, intoxication,
insanity Insanity, madness, lunacy, and craziness are behaviors caused by certain abnormal mental or behavioral patterns. Insanity can manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to other ...
), or is based on some kind of
dishonesty Dishonesty is acting without honesty. The term describes acts which are meant to deceive, cheat, or mislead. Dishonesty is a basic feature of most offences defined in criminal law, such as fraud, which relates to the illicit acquisition, conversi ...
. A couple who was married in Nevada will qualify to file for annulment in that state, no matter where they live at the time of filing. Those who were married outside Nevada must establish residency by living there for a minimum of six weeks before filing.


New York

New York law provides for: ''Incestuous and void marriages'' (DRL §5); ''Void marriages'' (DRL §6) ''Voidable marriages'' (DRL §7). The
cause of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a ...
for annulment of a voidable marriage in
New York State New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...
is generally
fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
(DRL §140 (e)). There are other arguments. Fraud generally means the intentional deception of the
Plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
by the
Defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one juris ...
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. Annulments may also be granted to a spouse under the age of 18, where marriage occurred without lawful parental consent or court approval, where a party lacked the mental capacity to consent to marriage, where one of the parties lacked the physical capacity to consummate the marriage and the other was not aware of that disability at the time of marriage, or for incurable mental illness for a period of five years or more. A bigamous marriage (one where one party was still married at the time of the second marriage) as well as an
incest Incest ( ) is sexual intercourse, sex between kinship, close relatives, for example a brother, sister, or parent. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by lineag ...
uous marriage is ''void ab initio'' (not legal from its inception). However, there is still the need for an "Action to Declare the Nullity of a Void Marriage" (DRL §140 (a)), upon which the Court, after proper pleadings, renders a judgment that the marriage is void. There may be
effects of marriage In family law, effects of marriage is a legal term of art used to describe all of the rights and obligations that individuals may be subject and entitled to if they are in a common-law marriage, an annulled marriage, domestic partnership or a civi ...
such as a property settlement and even
maintenance The technical meaning of maintenance involves functional checks, servicing, repairing or replacing of necessary devices, equipment, machinery, building infrastructure and supporting utilities in industrial, business, and residential installa ...
if the court finds it equitable to order such relief.


Wisconsin

In
Wisconsin Wisconsin ( ) is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest of the United States. It borders Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michig ...
, the possible requirements for annulment include:
bigamy In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their mar ...
,
incest Incest ( ) is sexual intercourse, sex between kinship, close relatives, for example a brother, sister, or parent. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by lineag ...
, or inducing the bride to be married under duress (see
Shotgun marriage A shotgun wedding is a wedding arranged in response to pregnancy resulting from premarital sex. The phrase comes from the figurative imagining that the relatives of the pregnant bride threaten the reluctant male groom with a shotgun in order to ...
). Marriages may also be nullified due to one or more of the parties being:
underage In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. ''Minor'' may also ...
, intoxicated, or being mentally unsound. Marriages may also be nullified due to fraud from one or more of three categories:
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one juris ...
, marriage witness(es), or marriage officiant. Any misrepresentation by those three parties, including but not limited to lying about: status as officiant, ability to perform the ceremony, age of the participants or witnesses, felony status or current marriage status of either member of the married couple can be grounds for an annulment on the basis of
fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
. Fraud in this cases is prosecuted under Wisconsin Law 943.39 as a Class H felony.


Multiple annulments for Henry VIII

Henry VIII of England Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is known for his Wives of Henry VIII, six marriages and his efforts to have his first marriage (to Catherine of Aragon) annulled. ...
had three of his six marriages annulled. These marriages were to
Catherine of Aragon Catherine of Aragon (also spelt as Katherine, historical Spanish: , now: ; 16 December 1485 – 7 January 1536) was List of English royal consorts, Queen of England as the Wives of Henry VIII, first wife of King Henry VIII from their marr ...
(on the grounds that she had already been married to his brother—although this annulment is not recognized by the Catholic Church);
Anne Boleyn Anne Boleyn (; 1501 or 1507 – 19 May 1536) was List of English royal consorts, Queen of England from 1533 to 1536, as the Wives of Henry VIII, second wife of King Henry VIII. The circumstances of her marriage and execution, by beheading ...
(not wishing to execute his legal wife, he offered her an easy death if she would agree to an annulment); and
Anne of Cleves Anne of Cleves (; 28 June or 22 September 1515 – 16 July 1557) was List of English royal consorts, Queen of England from 6 January to 12 July 1540 as the Wives of Henry VIII, fourth wife of Henry VIII. Little is known about Anne before 1527, ...
(on the grounds of non- consummation of the marriage and the fact that she had previously been engaged to someone else). Catherine Howard never had her marriage annulled. She had committed adultery with Thomas Culpeper during the marriage, and she had flirted with members of his court. Because of this, on November 22, 1541, it was proclaimed at Hampton Court that she had "forfeited the honour and title of Queen," and was from then on to be known only as the Lady Catherine Howard. Under this title she was executed for
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its d ...
three months later.


Controversies

The grounds of annulment in regard to a voidable marriage, and indeed the concept of a voidable marriage itself, have become controversial in recent years. According to a paper in ''Singapore Academy of Law Journal'': :"Where divorce is available to all, it seems somewhat inconsistent to favour some groups of unhappily married people by giving them the privilege of choosing whether to put an end to their misery by way of annulment or by way of divorce. It is also worthy of note that some judges, like Coomaraswamy J. in Chua Ai Hwa (mw), have noted that some of the grounds making a marriage voidable have tended to be abused by parties who hope the court will grant the petition on fairly skimpy evidence simply because the petition is not defended."


See also

*
Alimony Alimony, also called aliment (Scotland), maintenance (England, Republic of Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide ...
* Catholic marriage theology * Nullity (conflict) for a discussion of the rules relating to the annulment of
marriage (conflict) Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied ...
in the
conflict of laws Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict o ...
* Separation


Notes


References


External links


''Catholic Encyclopedia'' "Canonical Impediments"




{{authority control Catholic matrimonial canon law