Get D8n Nullity Petition Form

A decree of nullity is a declaration by a court that your marriage never existed in the eyes of the law. It means that no valid marriage exists between you and your partner. Nullity (or annulment) is not the same as divorce. Divorce is a declaration ending a valid marriage.

A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and ...

The declaration of nullity of marriage applies to marriages that are null and void from the beginning (void ab initio), due to the absence of at least one of the essential or formal requisites of marriages.

An annulment (or nullity) is when a judge says in a court order that your marriage or domestic partnership is not legally valid. This means something was legally wrong with the marriage from the start. If you get an annulment, it's like your marriage never happened because it was never legal.

Nullity of Marriage Under Special Marriage Act, 1954 Either party has a living spouse. Either party was incapable of giving valid consent due to unsoundness of mind or mental illness or unfit to the procreation of children. Parties are under aged. Parties are in a relation of a prohibited degree. Impotency of respondent.

A declaration of nullity of marriage applies to marriages which are void. Void Marriages are considered as having never been taken place, they are void from the very beginning. On the other hand, Annulment applies to a marriage that is valid until otherwise declared by the court annulled.

A marriage may be dissolved through the filing of a Petition for Declaration of Nullity of Marriage or a Petition for Annulment of Marriage. Others may opt to file a Petition for Legal Separation, but such only entails separation from bed and board.

There are three major causes of nullity, each of which can be further classified into several distinct grounds. A marriage can be invalid when there is 1) a defect in consent, 2) the presence of an impediment that rendered one or both of the parties unqualified for marriage, or 3) a defect in the form of celebration.