Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date.
Both secular law and Christian canon law have annulment procedures.It announces the invalidity of a marriage that was void from its inception. It is to be distinguished from dissolution or divorce. To justify annulment, the marriage contract must have a defect (e.g., incompetence of one party because of age, insanity, or a preexisting marriage). Continued absence of one party may also justify annulment. Generally, annulment is easier if the marriage is unconsummated. a judicial declaration dissolving a marriage in whole or in part, esp. one that releases the husband and wife from all matrimonial obligations.
A divorce is the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states) by one party. There are two types of divorce-- fault and no-fault. An fault divorce, (also called a "divorce a vinculo matrimonii" is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. Some states still require at least a minimal showing of fault, but no-fault divorce is now common. Usually, a no-fault divorce is referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.
2007-05-27 05:19:19
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answer #1
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answered by sweetie 1
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Annulment of a marriage is granted because certain factors had they been known previously. Would have ensured the marriage did not take place. Church.
Annulment Civil would be granted for none consummation of said marriage.
Annulment = The marriage never stood.
Divorce is a civil matter, granted for many things, in a court of law.
The marriage was legal, and stood for so many years (whatever), but is now ended. If your intended spouse is divorced, the papers leading to the decree nisi will show why. It is not shown on the decree absolute.
The British embassy does ask for the reason, for the marriage ending. Should either party have previously been married.
I hope that I have made a correct interpretation.
With annulment you can marry in church, with a divorce (RC) civil ceremony only.
2007-05-27 15:31:28
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answer #2
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answered by Tropic-of-Cancer 5
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You should research what attorneys have said with regards to the question. The source below has free lawyer answers to analogous issues such as:
(1) "Annulment in wisconsin - Avvo"
(2) "What is the difference between annulment and divorce? Do I annul my current marriage cause my divorce wasn"t finalized? - Avvo"
(3) "If my husband has re-married but we are not divorced, should I get an annulment?"
(4) "Can my friend get annulment in Florida? - Avvo"
(5) "Do I need to get an annulment - Avvo"
Further, resources and articles by legal experts:
(1) "Valid Reasons for a Marriage Annulment in Texas | LegalZoom: Legal Info"
(2) "Delaware Annulment and Prohibited Marriage Laws - FindLaw"
(3) "How Long After Marriage Can You Get a Civil Annulment? | LegalZoom: Legal Info"
2014-12-19 11:00:37
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answer #3
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answered by ? 1
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2016-02-10 19:36:24
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answer #4
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answered by ? 3
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I am blown away by the answers..except for sweetie, flightmed and diana's correct responses. Annulment doesn't entirely mean unconsummated marriage! My niece was married to a 'devout' Catholic for eight years, and three children later, her husband got another girl pregnant and filed for and received an annulment in order to marry the girl in the Catholic church! (The church does not 'accept/recognize divorce', but does annulment). How sad is that? There are loopholes everywhere, it's just knowing where to find them.
2007-05-27 11:38:19
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answer #5
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answered by Rocky 5
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annulment means the marriage was never consummated and can be overturned usually in the case of being drunk, underage, or betrothed through arrangement. The marriage can be considered void by the church.
A divorce is the separation of the union for other reasons and involving the division of assets and property as well as other communal chattels and acquisitions where judicial intervention is required.
2007-05-27 05:49:17
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answer #6
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answered by Anonymous
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In the Philippines, an annulment is divorce Philippine-style.
Divorce on the other hand, is something that will never happen in the Philippines because those a*s*s kissing people in congress don't want to lose the support of the good old Catholic Church.
2007-05-27 06:17:18
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answer #7
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answered by Anonymous
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If you get your marriage annuled it's as if you were never married at all and you never signed your marriage contract.
Divorce basically means your and your spouse agrees to dissolve or cancel your marriage contract.
2007-05-28 00:11:21
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answer #8
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answered by kooks77_kit 2
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An annulment is taken after a marriage when the marriage has not been either legal or it has not been consummated(ie no sexual intercourse). A divorce is when a marriage breaks up with due cause...someone has made the marriage unbearable outside legal limits or by adultery.
Best wishes, Mike.
2007-05-27 05:13:04
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answer #9
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answered by georgiansilver 4
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You can file for annulment here in the Philippines, but not for divorce.
2007-05-27 05:31:16
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answer #10
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answered by Tammy 4
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