Advantages Of An Annulment
An annulment benefits many individuals because their marriage is then considered to have never taken place. Once granted, an annulment means that one won’t be left dealing with further issues relating to the marriage. Property from a marriage is usually not divided in the proceedings of an annulment. A judge will mandate necessary support and custody arrangements if the couple has children. However, children born in the period of an annulled marriage will still be regarded as legally legitimate. Paternity rights or even responsibility are not impacted by an annulment of marriage.
Disadvantages Of An Annulment
t can be challenging to prove the reasons stated for annulling a marriage. One must also realize that annulment is an expensive procedure. Civil annulment will only be granted if the spouse proves the existence of at least one reason. In order to provide evidence, legal investigations, court trials and depositions will be required. Annulment is retroactive, making it quite different from divorce. Under an annulment, a marriage is declared as null and void. An important difference between divorce and annulment is that it is not too hard to establish reasons while seeking a divorce. Under the law, some marriages were void to begin with. Some marriages may not be recognize as valid regardless of long the partners may have been married for. Such marriages are termed as void marriages. Althouh considered void right from the beginning, a process called “Actions to Declare The Nullity of a Void Marriage” needs to be taken up with the court.
Examples of void marriages are:
- An incestuous union between two closely related family members, such as a brother a and a sister etc.
- A bigamous union is one in which one of the spouses continues to be married to a person outside the particular marriage.
Under Chandigarh Annulment Lawyers also contest cases on following grounds to get marriages annuled:
Physical Impairment: If you or your partner have some physical impairment that cannot be cured and impacts their ability to engage in sexual intercourse.
Underage Union: A marriage may be annulled in the event of one or both of the spouses being minors. The annulment may be granted if sought by the partner who is under age.
Madness: If after five years or more of the marriage a partner becomes incurable mad, the court may grant annulment in such a case. However, the non-handicapped partner will then have to give proper attention and support and money for upkeep from their own property or income.
Force: If you were coerced into marriage the union will not be acknowledged by law.
Fraud: If you consented to marriage not knowing that your partner represented themselves fraudulently, you can seek annulment. Concealing a significant fact counts as fraud.
What if your spouse lies about his name? Unfortunately, a spouse lying about his/her name does not stand as a valid reason for seeking an annulment. The accuser is required to present extensive proof in this case. This can be a long and tedious process but it is believed by many to be worth the effort. If not annulment, this does count as a reason for divorce.