When faced with the end of a marriage, the decision between divorce and annulment can be complex. Let's delve into the differences and considerations to help you make an informed choice.
Understanding Annulment
- An annulment decrees a marriage null and void, treating it as though it never existed.
- Despite its religious connotations, annulment allows parties to marry others afterward.
- Financial relief and child arrangements can be determined, akin to divorce proceedings.
Grounds for Annulment
- "Void" Marriages: Invalid from the outset due to reasons like close relation, underage marriage, or existing marriage or civil partnership.
- "Voidable" Marriages: Can be annulled for reasons such as non-consummation, lack of proper consent, or undisclosed sexually transmitted diseases or pregnancy by another man.
How to Obtain an Annulment
- Unlike divorce, annulment can be pursued immediately after marriage without a 12-month waiting period.
- Filing a nullity petition and paying the court fee initiates proceedings.
- A court hearing is required, where personal affirmation and evidence of the basis for annulment are presented.
Impact on Legal Matters
- Similar to divorce, annulment affects wills, nullifying any references to the former spouse.
- Reviewing or creating a will upon separation or contemplation of divorce/annulment is advisable to ensure proper provision for loved ones.
Is Annulment Right for You?
- Annulment is suitable for those with religious beliefs or specific circumstances surrounding the marriage.
- Seeking specialised family law advice helps assess eligibility and navigate financial and child-related considerations.
Conclusion
Choosing between annulment and divorce requires careful consideration of individual circumstances and legal implications. Understanding the differences and seeking expert guidance can facilitate a smoother transition and ensure your rights and interests are protected.
