An annulment is when a court finds that your marriage not legally valid. After the annulment is granted, it is like your marriage never existed because it was never legal and your status is restored to single.
Legal Reasons for an Annulment
A marriage is not valid when it is:
- Incestuous: when married to a close blood relative
- Bigamous: when a spouse is already married to someone else.
Other marriages can be declared invalid because of:
- A persons age at the time of marriage: the party filing for the annulment was under 18 years old at the time of the marriage
- A person is of unsound mind: at the time: either party was unable to understand the nature of the marriage and the responsibilities that come with it.
- Force: either party did not consent to getting married and was forced to do so
- Physical incapacity to perform:at the time of marriage, 1 of them was unable to consummate the marriage
These are verybrief descriptions of the reasons for an annulment and nonetheless important reasonsin order for the family court to grant an annulment
To succeed in attaining an annulment, you must be able to prove, before a judge in an open court session that you meet one of the above reasons in your case.
These above mentioned reasons make an annulment procedure quite different from a divorce or a judicial separation. In an annulment, unreasonable behaviour or separation are not valid reasons for getting an annulment.
Proving that there is a legal valid reason to get an annulment can be very difficult and will often require on a medical practitioner`s assessment to establish that continuing to be married would be detrimental to one`s health.You should consult with an experienced and specialist divorce lawyer in understanding exactly what you need to show a judge in order to successfully attain an annulment. Click here to consult our specialist divorce lawyers.