The term "annulment" is generally used to refer to a judicial
determination that an otherwise valid marriage is nullified based on
circumstances that are considered legally sufficient to deem the
marriage to be void or voidable. These reasons are extremely limited,
such as one of the parties being under the legal age of consent or one
of the parties being legally married to another spouse at the time of
the marriage.
There are various exceptions or defenses to many of these reasons
and proving the applicable facts and circumstances that would support a
request for annulment can be quite difficult.
An annulment is conclusive legal evidence that the marriage of the
parties was invalid. This can have a substantial impact on various
legal rights, obligations and relationships. Consequently, annulments
are not granted liberally or in the absence of clear factual evidence.
A legal annulment should not be confused with a religious annulment,
the terms of which are governed by the rules of the applicable religion
and may often be granted in the absence of a legal annulment.
Conversely, a legal annulment will not necessarily be sufficient to
obtain a religious annulment.
To discuss any issues or questions with respect to legal annulments, please contact Lawrence
J. Schwind.