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Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. [1] Unlike divorce , 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.
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 thus a marriage never existed.
A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, [1] or an annulment may be required to remove any legal impediment to a subsequent marriage. [2]
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 00. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
The relevance of consummation in a civil marriage varies by jurisdiction. For example, under section 12 of the Matrimonial Causes Act 1973, a refusal or inability to consummate a marriage is a ground of annulment in England and Wales, [3] but this only applies to heterosexual marriage because Paragraph 4 of schedule 4 of the Marriage (Same Sex Couples) Act 2013 specifically excludes non ...
The favor of dispensation from a marriage ratum sed non consumatum is an inherently administrative procedure, while the process for obtaining a Declaration of Nullity (often misleadingly termed "annulment") is an inherently judicial one. [15]
In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) [1] is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred.
An annulment of a marriage might result from the appearance of only the spouse who desired freedom to enter upon a new marriage, while the other was apathetic and conniving at the annulment, or at times unable or indisposed to incur expense to uphold the marriage, especially if it required an appeal to a higher court.
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