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An annulment is a legal procedure that can be used in both secular and religious legal systems to declare a marriage null and void, implying that it never existed in the eyes of the law. Although annulment is uncommon these days, the annulment procedure is available if the necessary legal grounds are present.
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.
At the time of the marriage, there was a lack of consent. In other words, you or your spouse did not give free and fully informed consent to the marriage. This may be due to duress, for example, you were forced into the marriage, mistake, misrepresentation or fraud.
The case now goes to the Defender of the Bond, who writes his opinion (or 'Brief') of why the marriage is valid. Although the Defender is given one month to review the case, there are times when it takes longer.
The Church requires a declaration of nullity in order to establish that an essential element was missing in that previous union that prevented it from being a valid marriage, and thus the intended spouse is free to marry. This is often a difficult and emotional issue.
While annulments and divorces both end a relationship, the largest difference between the two is that a divorce legally ends a marriage, while an annulment claims the marriage was never valid.
In a Declaration of Nullity of Marriage, the marriage that is sought to be declared void ab initio or void from the beginning. Whereas in an Annulment, the marriage is considered voidable, or the marriage is valid but is susceptible of being voided pursuant to the grounds provided under the law.
In a Declaration of Nullity of Marriage, the marriage that is sought to be declared void ab initio or void from the beginning. Whereas in an Annulment, the marriage is considered voidable, or the marriage is valid but is susceptible of being voided pursuant to the grounds provided under the law.