Some situations place people in such an awkward situation where they do not want to continue the relationship and wish to get separated without wanting to face the stigma which they believe is attached to a divorce. This is why; getting an annulment is a sure shot way to dissolve the marriage without bearing the consequences of divorce in future.
There are various religions and every religion has different methods for obtaining an annulment, also called as church divorce. However, these procedures have no legal force or effect upon a marriage that has complied with the requirements of law. Such a marriage must be legally annulled.
An annulment declares an invalid marriage as a valid marriage. There are two kinds of invalid marriages: Void Marriage and Voidable Marriage. A Void Marriage is one that was invalid from its very beginning and, therefore, could never legally exist in any way. The major grounds for a void marriage are: incest, bigamy, and lack of consent. Once these grounds are established, the court grants a decree for annulment.
Whereas, a Voidable Marriage is one that can be declared illegal, but continues as valid until an annulment is sought. An annulment takes effect only from the time a court renders its decision.
Grounds for Annulment
Civil Annulments
Civil annulment treats a marriage as it never existed. Therefore, to obtain an annulment, a person must have a valid reason and should meet one of the following requirements:
Fraud or misrepresentation: Fraud or misrepresentation occurs when one of the spouses has lied about something. Misrepresentation of things like the ability to produce children, not being married to anyone else, marrying just to gain citizenship, and being old enough to consent to a marriage, are all grounds for an annulment based on fraud or misrepresentation.
Concealment: If one of the spouses hides a major fact, the other may have grounds for an annulment. This could include a substance abuse problem, a felony conviction, children, impotency, or sexually transmitted diseases.
Misunderstanding: Usually, a misunderstanding that constitutes an annulment is based on the desire to have children. This misunderstanding must be substantial to the marriage to constitute grounds for an annulment.
Impotency or Incest: If one of the spouses is incurably impotent, the other spouse has grounds for an annulment, as long as that spouse was not aware of the impotency prior to the marriage. Two people who are close in familial relation and are married can also have grounds for an annulment. This could include first cousins, whole or half siblings, aunts, uncles, parents etc.
Lack of consent: Both parties must have the mental capacity to consent and must consent voluntarily to the marriage. If a party was forced or threatened for the marriage, the marriage can be annulled. One lacks mental capacity to consent to the marriage if they were insane or intoxicated at the time of the marriage.
Religious Annulments
While the courts have their grounds for obtaining an annulment, the grounds for obtaining a religious annulment are different. In the Catholic Church, a diocesan tribunal decides whether the bonding between the couple after marriage was less than a covenant for life. One or both the parties can obtain an annulment if they can give valid reasons that the marriage was lacking in some or the other way. Grounds that find the marriage was lacking includes a lack of:
- Openness and honesty
- Maturity
- Voluntarily entering the marriage
- Appropriate motivation
- Emotional stability
- Capacity to establish a loving marital community
If the tribunal grants an annulment, then both the parties may remarry in the Catholic Church. Many churches consider counseling of annulled marriage parties before remarrying to ensure that the same mistakes are not made again.
Therefore, there is a lot of difference between an annulment and a divorce and conditions are also different. There are many legal firms in Singapore which help and guide individuals for annulment procedures.
Conclusion: Even though an annulment seems as a very simple process, but one needs evidences and proofs to get it. This is why, it is better to consult an experienced family law attorney in your area before going for the process of an annulment.