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Encyclopedia > Annulment
Family law
Entering into marriage
Prenuptial agreement  · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Civil union  · Domestic partnership
Registered partnership
Dissolution of marriage
Annulment  · Divorce  · Alimony
Issues affecting children
Paternity  · Legitimacy
Adoption  · Legal guardian
Emancipation of minors
Parental responsibility
Contact (including Visitation)
Custody  · Child support
Areas of possible legal concern
Spousal abuse  · Child abuse
Child abduction
Adultery  · Bigamy  · Incest
Conflict of Laws Issues
Marriage  · Nullity  · Divorce

Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. Image File history File links SmallLadyJustice. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... A prenuptial agreement or antenuptial agreement, commonly abbreviated to prenup or prenupt, is a contract entered into by two people prior to marriage or civil union. ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married. ... International recognition Civil unions and domestic partnerships Recognized in some regions Unregistered co-habitation Recognition debated Civil unions legal, same-sex marriage debated See also Same-sex marriage Civil union Registered partnership Domestic partnership Timeline of same-sex marriage Listings by country This box:      Same-sex marriage is a term... As unregistered cohabitation Recognised in some regions Recognised prior to legalisation of same-sex marriage Netherlands (nationwide) (1998) Spain (12 of 17 communities) (1998) South Africa (nationwide) (1999) Belgium (nationwide) (2000) Canada (QC, NS and MB) (2001) Recognition debated See also Same-sex marriage Registered partnership Domestic partnership Common-law... International recognition Civil unions and Domestic partnerships Recognized in some regions Unregistered co-habitation Recognition debated See also Same-sex marriage Civil union Registered partnership Domestic partnership Timeline of same-sex marriage Listings by country This box:      A domestic partnership is a legal or personal relationship between individuals who live... LGBT rights Around the world By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Discrimination Violence This box:      As unregistered cohabitation Recognised in some regions Recognised prior to legalisation of same-sex marriage Netherlands (nationwide) (1998) Spain (12 of 17 communities) (1998) South Africa (nationwide... For the record label, see Divorce Records. ... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support... Paternity is the social and legal acknowledgment of the parental relationship between a father and his child. ... Freiheitsrechte Recht auf Leben, Freiheit, Eigentum, Sicherheit der Person Allgemeine, nur durch Gesetz beschränkbare Handlungsfreiheit Freiheit von willkürlichen Eingriffen in die Privatsphäre (Wohnung, Briefgeheimnis etc. ... For other uses, see Adoption (disambiguation). ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ... Emancipation of minors is a legal mechanism by which a person below the age of majority (adulthood) gains certain rights, generally identical to those of adults. ... In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ... In Family Law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a childs life can have with that child. ... Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parents duty to care for the child. ... In many countries, child support or child maintenance is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has been terminated. ... Spousal abuse refers to a wide spectrum of abuse. ... Child abuse is the physical, sexual, or emotional maltreatment or neglect of children by parents, guardians, or others. ... Child abduction is the abduction or kidnapping of a child (or baby) by an older person. ... Adultery is voluntary sexual intercourse between a married person and a partner other than the lawful spouse. ... Polygamy, literally many marriages in ancient Greek, is a marital practice in which a person has more than one spouse simultaneously (as opposed to monogamy where each person has a maximum of one spouse at any one time). ... Incest is sexual activity between two persons related by close kinship. ... Private International Law, International Private Law, or Conflict of Laws is that branch of law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied as the lex causae. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... In modern society, the role of marriage and its termination through divorce have become political issues. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... For the record label, see Divorce Records. ...


In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process.

Contents

Grounds for annulment

Grounds for a marriage being voidable or void ab initio vary in different legal jurisdictions, but are typically limited to fraud, bigamy, and mental incompetence including the following: Ab Initio Software Corporation was founded in the mid 1990s by the former CEO, Sheryl Handler, and several other former employees of Thinking Machines Corporation, after the bankruptcy of that company. ... Polygamy, literally many marriages in ancient Greek, is a marital practice in which a person has more than one spouse simultaneously (as opposed to monogamy where each person has a maximum of one spouse at any one time). ...

  1. Either spouse was already married to someone else at the time of the marriage in question;
  2. Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age.)
  3. Either spouse was under the influence of drugs or alcohol at the time of the marriage;
  4. Either spouse was mentally incompetent at the time of the marriage;
  5. If the consent to the marriage was based on fraud or force;
  6. Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
  7. The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
  8. Prisoners sentenced to a term of life imprisonment may not marry.
  9. Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)

The guilty party -- the one with responsibility for having caused the defect in the marriage -- is ordinarily disentitled to request a declaration of nullity. The victimized spouse may ordinarily apply for innocent spouse relief. The fact that a marriage was a nullity ordinarily does not prevent an innocent spouse from collecting the financial benefits of marriage, such as the rights to community property, spousal support, child support, and equitable contribution to attorney fees for litigation expenses. It has been suggested that Duration of sexual intercourse be merged into this article or section. ... A cousin couple is a pair of cousins with a romantic or sexual relationship. ... Life imprisonment is a sentence of imprisonment for a serious crime, nominally for the entire remaining life of the prisoner, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 50 years) a prisoner may be incarcerated, or require the... Community property is a marital property regime that originated in civil law jurisdictions, and is now also found in some common law jurisdictions. ...


Annulment in the Catholic Church

In the case of the Roman Catholic Church, annulment does not bear the same meaning as divorce. Some accuse the Catholic Church of hypocrisy for teaching that all marriages are permanent but providing the means of annulment. The Church attempts to reconcile these two seemingly opposing ideas by understanding that a "Declaration of Nullity" is not a dissolution of a marriage, but rather to determine whether a marriage was a sacrament (valid) or contrary in some way to Divine Law as understood by the Catholic Church. While some may try to use an annulment to get around the "no divorce" rule, that is not the reason the Church gives for the availability of annulment. According to the Church, an annulment affirms the Scriptural basis of divorce and at the same time affirms that in a true marriage, a man and a woman become one flesh before the eyes of God. The Church's teaching on marriage is that it is a Sacrament and that it is only validly contracted by the two individuals, so questions may arise as to whether that person is able to contract a valid marriage. In the Western tradition, the ministers of the marriage are the two individuals themselves, and the priest is a witness for the Church. Image File history File links Unbalanced_scales. ... Shortcut: WP:NPOVD Articles that have been linked to this page are the subject of an NPOV dispute (NPOV stands for Neutral Point Of View; see below). ... Image File history File links Unbalanced_scales. ... In the Catholic Church, annulment is a canonical procedure according to the Churchs Canon Law whereby an ecclesial tribunal judges whether or not the sacrament of marriage in a particular case was entered into invalidly--that is, that the a true union never took place. ... “Catholic Church” redirects here. ... Hypocrisy is the act of condemning or calling for the condemnation of another person when the critic is guilty of the act for which he demands that the accused be condemned. ... Divine law is any law (or rule) that comes directly from the will of God (or a god), such as from the Bible in Christianity or in Islam the Quran from Allah himself, etcetera. ... In Christian belief and practice, a sacrament is a rite that mediates divine grace, constituting a sacred mystery. ... For this articles equivalent regarding the East, see Eastern culture. ...

For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed. In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. -Catechism of the Catholic Church #1629

Marriages are declared null ab initio, meaning that the marriage has been essentially invalid from the beginning. Some Catholics therefore worry that their children will be considered illegitimate if they get annulments. Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children born in both recognized and putative marriages (those later declared null). Critics point to this as additional evidence that a Catholic annulment is similar to divorce — although civil laws that recognized both annulments and divorce regard the offspring of a putative marriage as legitimate. In Western culture, canon law is the law of the Roman Catholic and Anglican churches. ...


An annulment verified by the Catholic Church is independent from obtaining a civil divorce, although before beginning a process in front of the Ecclesiastical Tribunal, it has to be clear that the marriage community cannot be rebuilt. Civil law has at least three meanings. ... For the record label, see Divorce Records. ...


If someone has all the signs of being married previously, he or she must get an annulment before entering into a marriage in the Catholic Church, even if the individual was not married in the Catholic Church previously. Catholics acknowledge the indissolubility of marriage for any baptized persons who give themselves freely in the bond of marriage and recognize the marriages of other Christians in most cases. An exception is the so called Pauline privilege: In a case where two non-Christians are married, and one of them becomes a Catholic afterwards, and the other (still non-Christian) partner demands a divorce on that ground, the marriage can be dissolved and the Catholic partner is free to remarry in Church. This is not an annulment as the former marriage is considered as having been valid. Major divisions within Christianity. ...


A common misconception is that if a marriage is annulled, the Catholic Church is saying the marriage never took place. The parties to the marriage know that the marriage took place. The Church is saying that the marriage was not valid; the valid marriage is what did not take place.


Reasons for annulment

Main article: Canonical impediment

A reason for annulment is called an diriment impediment to the marriage. Prohibitory impediments (which no longer exist in the Latin Code, CIC83) make entering a marriage wrong but do not invalidate the marriage, such as being betrothed to another person at the time of the wedding; diriment impediments, such as being brother and sister, or being married to another person at the time of the wedding, prevent such a marriage from being contracted at all. Such unions are called putative marriages. Canonical impediment is a term used in the Canon Law of the Catholic Church and refers to a legal obstacle which prevents a sacrament from being performed validly and/or licitly. ... Betrothal is a formal state of engagement to be married. ... A putative marriage is an apparently valid marriage, entered into in good faith on part of at least one of the partners, but is invalid because of an impediment, such as a currently valid marriage on part of one of them. ...


Diriment impediments include:

  • Consanguinity
  • Insanity precluding ability to consent
  • Not intending, when marrying, to remain faithful to the spouse (simulation of consent)
  • One partner had been deceived by the other in order to obtain consent, and if the partner had been aware of the truth, would not have consented to marry
  • Abduction of the woman, with the intent to compel her to marry (known as raptus), constitutes an impediment as long as she remains in the kidnapper's power. (In theory, the abduction of a man also constitutes an impediment, but no man has applied for annulment on these grounds.)
  • Failure to adhere to requirements of canon law for marriages, such as clandestinity
  • the couple killed the spouse of one of them in order to be free to marry
  • the couple committed adultery, and one of the couple killed the spouse of one of them, in order to be free to marry

Some impediments can be dispensed, in which the Church exempts a couple, prior to the marriage, to the obligation to conform to the canon law. While some relationships can not have the impediment of consanguity dispensed, a marriage can be sanctioned between cousins. This renders the marriage valid, and so non-annulable. Again, if an invalid marriage has been contracted, and the diriment impediment can be removed, a convalidation or sanatio in radice can be performed to make the marriage valid. Consanguinity, literally meaning common blood, describes how close a person is related to another in the sense of a family. ... ‹ The template below (Expand) is being considered for deletion. ... The Latin Raptus has some specific meanings not fully captured by its English equivalent rapture, which currently has accrued among certain Christian millennarian sects additional connotations of End Times transport of redeemed Christians, which are treated at Rapture. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... Clandestinity is a diriment impediment in the canon law of the Roman Catholic Church. ... The Impediment of Crime or crimen is, in the canon law of the Roman Catholic Church, a diriment impediment to marriage arising from certain circumstance involving homicide and adultery — an impediment such that it prevents the marriage bond from being formed. ... The Impediment of Crime or crimen is, in the canon law of the Roman Catholic Church, a diriment impediment to marriage arising from certain circumstance involving homicide and adultery — an impediment such that it prevents the marriage bond from being formed. ... Validation of Marriage or Convalidation of Marriage is, in Roman Catholic canon law (Catholic Church), making a putative marriage a valid one, after the removal of an impediment, or its dispensation, or the removal of defective consent. ...


See also: Pauline privilege Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Luther Calvin · Wesley Arius · Marcion of Sinope Pope · Archbishop of Canterbury Patriarch of Constantinople Christianity Portal This box:      The Pauline Privilege (Privilegium Paulinum) is...


Annulment in New York State

The cause of action for annulment in New York State is generally fraud (DRL §140 (e)). There are other arguments; see the Statute. In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ... “NY” redirects here. ...


generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendant's statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL §144). The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered, or could reasonably have been discovered. A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...


A bigamous marriage (one party was still married at the time of the second marriage) cannot be annulled —it is void ab initio (not legal from its inception). However, either party (as well as certain other parties) can petition the Court with an "Action to Declare the Nullity of a Void Marriage" (DRL §140 (a)). The Court, upon proper pleadings, renders a judgment that the marriage is void. There may be effects of marriage such as a property settlement and even maintenance if the court finds it equitable to order such relief. Effects of marriage is a legal term of art used to describe all of the rights and obligations that individuals may be subject and entitled to if they are in a common-law marriage, an annulled marriage, domestic partnership or a civil union. ... Division of property also known as equitable distribution of parties which is a judicial division of property rights and obligations between spouses during the process of the dissolution of marriage (divorce). ... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support...


Multiple annulments

  • Henry VIII of England had three[1][2][3][4]of his six marriages annulled. These marriages were to Catherine of Aragon (on the grounds that she had already been married to his brother), Anne Boleyn[5], (on the grounds that she allegedly seduced him with witchcraft and was unfaithful; not wishing to execute his legal wife, he offered her an easy death if she would agree to an annulment) and Anne of Cleves[6] (on the grounds of non-consummation of the marriage and the fact that she had previously been engaged to someone else). Catherine Howard never had her marriage annulled. She committed adultery with Thomas Culpeper during the marriage, and she flirted with members of his court. Because of this, on November 22, 1541, it was proclaimed at Hampton Court that she had 'forfeited the honor and title of Queen', and was from then on to be known only as the Lady Catherine Howard. Under this title she was executed three months later, although both she and the onlookers believed she died as queen.[7]

“Henry VIII” redirects here. ... Katherine of Aragon (Alcalá de Henares, 16 December 1485 – 7 January 1536), Castilian Infanta Catalina de Aragón y Castilla, also known popularly after her time as Catherine of Aragon, was the first wife and Queen Consort of Henry VIII of England. ... Anne Boleyn, Queen Consort of England, 1st Marchioness of Pembroke[1] (ca. ... Anne of Cleves, painted by Hans Holbein the Younger Queen Anne of England née Anne of Cleves (September 22, 1515–July 16, 1557) also known as The Flanders Mare (see below)—was the fourth queen consort of Henry VIII of England from January 6, 1540 to July 9, 1540. ... Catherine Howard (between 1520 and 1525 – 13 February 1542), also called Katherine Howard [1] was the fifth wife of Henry VIII of England (1540-1542), and sometimes known by his reference to her as the rose without a thorn. Her birth date and place of birth is unknown, (occasionally cited... Thomas Culpeper (executed December 10, 1541) was a young courtier in Henry VIIIs time. ...

Islam

Nikah Mut'ah, or fixed time marriages, is a marriage form seen in Shia. Sunni Muslims deem it abrogated by the Islamic prophet Muhammad, while Shi'a Muslims disagree. Hence, according to Shi'a jurisprudence, it is a legal marriage form. Shi'a view divorce procedures (Arabic: talaq) as a last conflict resolution step in permanent marriages (Arabic: Nikah) before ending it. Shi'a do not engage in any divorce procedures (Arabic: talaq) at the end of the pre-determined period, they just annul the marriage, since there is no conflict to resolve. It has been suggested that Mutta marriage be merged into this article or section. ... Sunni Islam (Arabic سنّة) is the largest denomination of Islam. ... The Quran identifies a number of men as prophets of Islam. ... Shia Islam ( Arabic شيعى follower; English has traditionally used Shiite or Shiite) is the second largest Islamic denomination; some 20-25% of all Muslims are said to follow a Shia tradition. ... Talaq. ... Conflict resolution or conflictology is the process of attempting to resolve a dispute or a conflict. ... Nikah or nikkah (Arabic: النكاح ), is the contract between a bride and bridegroom and part of an Islamic marriage, a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21). ... Talaq. ...


References

  1. ^ The Trial of Sir Thomas More: A Chronology. University of Missouri-Kansas City School of Law. Retrieved on 2007-05-31.
  2. ^ http://englishhistory.net/tudor/monarchs/cleves.html
  3. ^ http://womenshistory.about.com/library/bio/blbioanneofcleves.htm
  4. ^ http://tudorhistory.org/boleyn/
  5. ^ http://tudorhistory.org/boleyn/
  6. ^ http://tudorhistory.org/cleves/
  7. ^ The Politics of Marriage: Henry VIII and his Queens. - book reviews Contemporary Review, Jan, 1995 by Michael L. Nash

Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 151st day of the year (152nd in leap years) in the Gregorian calendar. ...

See also

(Gospel of Matthew 19:6) Matrimony, The Seven Sacraments, Rogier van der Weyden, ca. ... For the record label, see Divorce Records. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Legal separation is a possible step towards divorce under United States law. ...

External links

Look up Annulment in
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  Results from FactBites:
 
Annulment (2097 words)
Annulment points out that there never really was a marriage, thus there’s no need for divorce, and nothing to prevent the individuals in the annulled marriage from marrying again.
In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.
The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
Catholic Update October©2002-10 Questions About Annulment by Father Joseph M. Champlin (2656 words)
When it comes to how annulments are handled, it’s important to keep in mind that practices may vary slightly from one diocese to the next, but the overall rules of the Church are the same.
The annulment process helps to determine if something essential was missing from the couple’s relationship from the beginning that prevented the sacramental union that the couple promised to each other.
Consequently, it requires a Church annulment process to establish that an essential ingredient in the relationship was missing from the start of the previous marriage.
  More results at FactBites »

 
 

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