Annulment of Marriage

  • Annulment of Marriage

    Annulment of Marriage SLA Lawyers in Chandigarh

Chandigarh Advocates and Lawyers for Annulment of Marriage

A marriage may be declared as null and void if a particular legal procedure is followed. This procedure is called an annulment. Once annulled, a marriage is deemed invalid and is considered to have not taken place at all. While a divorce intends to end the contract of marriage, an annulment promulgates that a particular marriage never existed. Our Chandigarh Advocates for Annulment of marriage can also help you with this kind of a legal separation.

Civil Annulments: Annulments may be the result of a spouse having been put in a situation that made them realize they should have never entered into the marriage. Civil annulments regard marriages as if they never legally occurred. For annulment to be granted by court, a person is required to have legitimate and convincing reasons.

Fraud: Lying about certain things can make a spouse guilty of fraud or misrepresentation. Had the lie been exposed before the marriage, a union would have never taken place. It may include fraudulent situations such as the spouse being already married to another person, inability to conceive children, marrying solely for gaining citizenship of a country and more. Situations of this nature make a marriage eligible for annulment because fraud or misrepresentation has been committed.

Lack Of Consent: For a marriage to be considered legally valid, both spouses ought to have the mental capacity to give their consent. This consent to enter into a marriage contract must have been given willingly. In case either of the partners was forced or threatened into marriage, the marriage stands to be annulled. In addition to this a person can seek annulment if it is found out that he/she was in an inebriated state when the marriage took place.

Impotency Or Incest: A marriage that is based on having children in the future can be annulled if one spouse happens to be incurably impotent. This can count as a valid reason only if the person was unaware of his/her spouse’s reproductive abilities before the marriage took place. Unwittingly marrying someone closely related to you within your own family may also be considered as grounds for annulment. Relationships such as being siblings or half-siblings, uncles or aunts etc. may fall under this clause.

Religion Based Annulments: Annulment may also be sought on the basis of religion but the criteria for religious annulment are quite different from that of civil annulments. In both events, a marriage is considered invalid.

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.

Annulled marriages are of two types. Depending on their particular circumstances, certain marriages will be declared void and never have legally existed. Yet others will still be legal since they were cancelled by one of the spouses for certain reasons. The duration of the uion is not important, as long as the grounds for seeking annulment are proven.

Although marrying someone under a false name may be considered as deception, it is normally not a reason for seeking annulment of marriage. However, if you feel you have been deceived, in most places this counts as a reason for annulment. The rights to monetary distribution or receiving property may also be in your hands. While many courts do investigate the attempted fraud by the spouse who deceives, something that will also be taken into consideration will be the fact of exactly when the partner discovered the fraud and for how long after that they continued to live in the marriage before they sought separation.

It is advised that you enter into a marriage only after having considerable knowledge about the person you intend to marry. However, in the event that you do get deceived, you should know that there are options available to you. Irrespective of the legality of your marriage, it suggested that you seek immediate legal counsel. Being in touch with an expert will ensure that you are familiar with your rights and options, regardless of the kind of situations that may arise.

If you need a completely new beginning in your life, an annulment could be the answer to your problems. You are permitted to present your circumstances and see whether or not you qualify for seeking an annulment. There could be various reasons why one would want to annul their marriage. While some do so to evade the taboo associated with divorce, yet many state reasons such as religious beliefs or protecting their assets.