Annulment is a
legal procedure
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are d ...
within
secular
Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negativ ...
and
religious
Religion is usually defined as a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious text, texts, sacred site, sanctified places, prophecy, prophecie ...
legal system
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
s for declaring a
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
null and void
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means " ...
. Unlike
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
, it is usually
retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment; for example, this is the case in section 12 of the
Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales.
Contents
The act contains four parts:
# Divorce, Nullity and Other Matrimonial Suits
# Financial Reli ...
in England and Wales). In legal terminology, an annulment makes a
void marriage
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal ...
or a
voidable marriage
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to ...
null.
[John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, , pp. 33–34]
Void vs voidable marriage
A difference exists between a ''
void marriage
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal ...
'' and a ''
voidable marriage
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to ...
''.
A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is
void
Void may refer to:
Science, engineering, and technology
* Void (astronomy), the spaces between galaxy filaments that contain no galaxies
* Void (composites), a pore that remains unoccupied in a composite material
* Void, synonym for vacuum, a ...
''
ab initio
''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning").
Etymology
Circa 1600, from Latin, literally "from the beginning", from ab ...
''. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the marriage was voided. Under the laws of most nations, children born during a void marriage are considered legitimate. Depending upon the jurisdiction, reasons for why a marriage may be legally void may include
consanguinity
Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor).
Many jurisdictions have laws prohibiting people who are related by blood fr ...
(
incestual
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoptio ...
marriage),
bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
,
group marriage
Group marriage or conjoint marriage is a marital arrangement where three or more adults enter into sexual, affective, romantic, or otherwise intimate short- or long-term partnerships, and share in any combination of finances, residences, care ...
, or
child marriage
Child marriage is a marriage or similar union, formal or informal, between a child under a certain age – typically 18 years – and an adult or another child.
*
*
*
* The vast majority of child marriages are between a female child and a ma ...
.
A voidable marriage is a marriage that can be canceled at the option of one of the parties. The marriage is valid, but may be annulled if contested in court by one of the parties to the marriage. The petition to void the marriage must be brought by one of the parties to the marriage, and a voidable marriage thus cannot be annulled after the death of one of the parties. A marriage may be voidable for a variety of reasons, depending on jurisdiction. Common reasons for allowing a party to void a marriage include entry into the marriage as a result of threat or coercion. Some jurisdictions have a distinction between legal age of majority and legal age of marriage; in this case, it is usually the custom that the marriage can proceed with parental or guardian consent, and the marital parties being able to ratify or void the marriage upon reaching the age of majority. These are also considered voidable marriages.
The principal difference between a void and voidable marriage is that, as a void marriage is invalid from the beginning, no legal action is required to set the marriage aside. A marriage may be challenged as void by a third party, for example in probate proceedings during which a party to the void marriage is claiming inheritance rights as a spouse. In contrast, a voidable marriage may be ended only through the judgment of a court, and may be voided only upon the petition of one of the parties to the marriage or, if a party is under a legal disability, by a third party representative such as a parent or legal guardian.
The legal distinction between void and voidable marriages can be significant in relation to
forced marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...
. In a jurisdiction that classifies forced marriages as void, then the state can cancel the marriage even against the will of the spouses. In contrast, if the law provides that a forced marriage is voidable then, even if it can be proved that the marriage was forced, the state cannot act to end the marriage in the absence of an application by a spouse.
Christianity
Catholicism
In the
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
of the
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, an annulment is properly called a "Declaration of Nullity", because according to
Catholic doctrine Catholic doctrine may refer to:
* Catholic theology
** Catholic moral theology
** Catholic Mariology
*Heresy in the Catholic Church
* Catholic social teaching
* Catholic liturgy
*Catholic Church and homosexuality
The Catholic Church broadly ...
, the
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
of
baptized
Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost ...
persons is a
sacrament
A sacrament is a Christianity, Christian Rite (Christianity), rite that is recognized as being particularly important and significant. There are various views on the existence and meaning of such rites. Many Christians consider the sacraments ...
and, once consummated and thereby confirmed, cannot be dissolved as long as the parties to it are alive. A "Declaration of Nullity" is not dissolution of a marriage, but merely the legal finding that a valid marriage was never contracted. This is analogous to a finding that a contract of sale is invalid, and hence, that the property for sale must be considered to have never been legally transferred into another's ownership. A divorce, on the other hand, is viewed as returning the property after a consummated sale.
The
Pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
may dispense from a marriage ''
ratum sed non consummatum
The term ''ratum sed non consummatum'' ( la, ratified but not consummated) or ''ratum et non consummatum'' ( la, ratified and not consummated) refers to a juridical-sacramental category of marriage in Catholic matrimonial canon law. If a matrimoni ...
'' since, having been ratified (''ratum'') but not consummated (''sed non-consummatum''), it is not absolutely unbreakable. A valid
natural marriage
Natural marriage is the name given in Catholic canon law to the covenant "by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation ...
is not regarded as a sacrament if at least one of the parties is not
baptized
Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost ...
. In certain circumstances it can be dissolved in cases of
Pauline privilege
The Pauline privilege ( la, privilegium Paulinum) is the allowance by the Roman Catholic Church of the dissolution of marriage of two persons not baptized at the time the marriage occurred. The Pauline privilege is drawn from the apostle Paul's i ...
and
Petrine privilege
Petrine privilege, also known as the privilege of the faith or favor of the faith, is a ground recognized in Catholic canon law allowing for dissolution by the Pope of a valid natural marriage between a baptized and a non-baptized person for the sa ...
, but only for the sake of the higher good of the spiritual welfare of one of the parties.
Although an annulment is thus a declaration that "the marriage never existed", the Church recognizes that the relationship was a
putative marriage
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the part ...
, which gives rise to "natural obligations". In canon law, children conceived or born of either a valid or a putative marriage are considered legitimate,
and illegitimate children are legitimized by a putative marriage of their parents, as by a valid marriage.
Certain conditions are necessary for the marriage contract to be valid in canon law. Lack of any of these conditions makes a marriage invalid and constitutes legal grounds for a declaration of nullity. Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity. For annulment, proof is required of the existence of one of these defects, since canon law presumes all marriages are valid until proven otherwise.
Canon law stipulates
canonical impediment
In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed either validly or licitly or both. The term is used most frequently in relationship to the sacraments of Marriage and Hol ...
s to marriage. A diriment impediment prevents a marriage from being validly contracted at all and renders the union a
putative marriage
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the part ...
, while a ''prohibitory'' impediment renders a marriage
valid but not licit. The union resulting is called a
putative marriage
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the part ...
. An invalid marriage may be subsequently
convalidated, either by simple convalidation (renewal of consent that replaces invalid consent) or by ''sanatio in radice'' ("healing in the root", the retroactive dispensation from a diriment impediment). Some impediments may be dispensed from, while those ''de jure divino'' (of divine law) may not be dispensed.
In some countries, such as
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
, in which Catholic Church marriages are automatically transcribed to the civil records, a Church declaration of nullity may be granted the
exequatur
An exequatur (Latin, literally "let it execute") is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority.
International relations
An exequatur is a patent ...
and treated as the equivalent of a civil divorce.
Anglicanism
The
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
, the
mother church
Mother church or matrice is a term depicting the Christian Church as a mother in her functions of nourishing and protecting the believer. It may also refer to the primary church of a Christian denomination or diocese, i.e. a cathedral or a metro ...
of the worldwide
Anglican Communion
The Anglican Communion is the third largest Christian communion after the Roman Catholic and Eastern Orthodox churches. Founded in 1867 in London, the communion has more than 85 million members within the Church of England and other ...
, historically had the right to grant annulments, while divorces were "only available through an Act of Parliament."
Examples in which annulments were granted by the Anglican Church included being under age, having committed fraud, using force, and lunacy.
Methodism
''Methodist Theology Today'', edited by Clive Marsh, states that:
Islam
''Faskh'' means "to annul" in
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
.
[ It is a ]Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
-granted procedure to judicially rescind a marriage.
A man does not need grounds to divorce his wife in Islam. To divorce, he can simply invoke ''Talaq'' and part with the dower
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law.
...
he gave her before marriage; alternatively, he can invoke the ''Lian'' doctrine in case of adultery, either by bringing four witnesses who saw the wife committing adultery or by self-testifying and swearing by Allah four times. Sharia law then requires the court to grant the divorce requested by the man. ''Talaq'' is controversial, though it is a widely held belief, the Qu'ran insists counseling between two parties is necessary first before considering divorce when there is dissention/contention between spouses (Qu'ran 4:35). It is also important to note that the marriage contract clauses agreed upon must be honored when divorce is invoked.
Also, Sharia does grant a Muslim woman simple ways to end her marital relationship and without declaring the reason. ''Faskh'' or (kholo) (annulment) doctrine specifies certain situations when a Sharia court can grant her request and annul the marriage.
Grounds for Faskh are:[Lynn Welchman (2000), Beyond the Code: Muslim Family and the Shari'a Judiciary in the Palestinian West Bank, Springer, , pp. 311–318] (a) irregular marriage (''fasid''), (b) forbidden marriage (''batil''), (c) the marriage was contracted by non-Muslim husband who adopted Islam ''after'' marriage, (d) the husband or wife became an apostate
Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that ...
after marriage, (e) husband is unable to consummate the marriage. In each of these cases, the wife must provide four independent witnesses acceptable to the ''Qadi'' (religious judge), who has the discretion to declare the evidence unacceptable.[J Rehman (2007), The sharia, Islamic family laws and international human rights law: Examining the theory and practice of polygamy and talaq, International Journal of Law, Policy and the Family, 21(1): 108–127]
In Sunni Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary ...
school of jurisprudence (fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ...
), cruelty, disease, life-threatening ailment and desertion are additional Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
approved grounds for the wife or the husband to seek annulment of the marriage. In these cases too, the wife must provide two male witnesses or one male and two female witnesses or in some cases four witnesses,[ acceptable to the ''Qadi'' (religious judge), who has the discretion to declare the evidence unacceptable.
In certain circumstances, an unrelated Muslim can petition a ''Qadi'' to void (faskh) the marriage of a Muslim couple who may not want the marriage to end. For example, in case the third party detects apostasy from Islam by either husband or wife (through ]blasphemy
Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
, failure to respect Sharia, or conversion of husband or wife or both from Islam to Christianity
Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global pop ...
, etc.).[ In cases of apostasy, in addition to annulment of the marriage, the apostate may face additional penalties such as death sentence, imprisonment and civil penalties unless they repent and return to Islam.
]
United States
In the United States, the laws governing annulment are different in each state. Although the grounds for seeking an annulment differ, as can factors that may disqualify a person for an annulment, common grounds for annulment include the following:
* Marriage between close relatives. States typically prohibit marriages between a parent and child, grandparent and grandchild, or between siblings, and many restrict marriages between first cousins.
* Mental incapacity. A person who is not legally capable of consenting to marriage based upon mental illness or incapacity, including incapacity caused by intoxication, may later seek an annulment.
* Underage marriage. If one or both spouses are below the legal age to marry, then the marriage is subject to being annulled.
* Duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
. A person who enters a marriage due to threats or force may later seek an annulment.
* Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
. A spouse is tricked into marrying the other spouse, through the misrepresentation or concealment of important facts about the other spouse, such as a criminal record, pregnancy by another man, or infection with a sexually transmitted disease.
* Bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
. One spouse was already married at the time of the marriage for which annulment is sought.
For some grounds of annulment, such as concealment of infertility
Infertility is the inability of a person, animal or plant to reproduce by natural means. It is usually not the natural state of a healthy adult, except notably among certain eusocial species (mostly haplodiploid insects). It is the normal state ...
, if after discovering the potential basis for an annulment a couple continues to live together as a married couple, that reason may be deemed forgiven. For underage marriages, annulment must typically be sought while the underage spouse remains a minor, or shortly after that spouse reaches the age of majority, or the issue is deemed waived.
Arizona
In Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, a "voidable" marriage is one in which there is "an undissolved prior marriage, one party being underage
In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. ''Minor'' may also ...
, a blood relationship
Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor).
Many jurisdictions have laws prohibiting people who are related by blood fro ...
, the absence of mental or physical capacity, intoxication
Intoxication — or poisoning, especially by an alcoholic or narcotic substance — may refer to:
* Substance intoxication:
** Alcohol intoxication
** LSD intoxication
** Toxidrome
** Tobacco intoxication
** Cannabis intoxication
** Cocaine i ...
, the absence of a valid license
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).
A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
, duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
, refusal of intercourse, fraud, and misrepresentation as to religion."
Illinois
In Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
, an annulment is a judicial determination that a valid marriage never existed. One of the parties must file with the court a petition for invalidity of marriage. There are four grounds for annulment in Illinois:
*Inability to consent to marriage, for example as a result of mental disability, intoxication, force, duress or fraud;
*One spouse cannot have sexual intercourse, with that fact being unknown to the other spouse at the time of marriage;
*One spouse was under the age of 18, and married without the consent of a parent, legal guardian, or court; and
* The marriage was illegal, such as in the case of bigamy or certain close blood relationships.
Nevada
In Nevada
Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
, annulment is available when: a marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
that was void at the time performed (such as blood relatives, bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
), lacked consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
(such as, underage
In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. ''Minor'' may also ...
, intoxication
Intoxication — or poisoning, especially by an alcoholic or narcotic substance — may refer to:
* Substance intoxication:
** Alcohol intoxication
** LSD intoxication
** Toxidrome
** Tobacco intoxication
** Cannabis intoxication
** Cocaine i ...
, insanity
Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to ...
), or is based on some kind of dishonesty
Dishonesty is to act without honesty. It is used to describe a lack of probity, cheating, lying, or deliberately withholding information, or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousne ...
.
A couple who was married in Nevada will qualify to file for annulment in that state, no matter where they live at the time of filing. Those who were married outside Nevada must establish residency by living there for a minimum of six weeks before filing.
New York
New York law
The law of New York consists of several levels, including constitutional, statutory, regulatory and case law, and also includes local laws, ordinances, and regulations. The ''Consolidated Laws'' form the general statutory law.
The Constitut ...
provides for: ''Incestuous and void marriages'' (DRL §5); ''Void marriages'' (DRL §6)
''Voidable marriages'' (DRL §7).
The cause of action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a p ...
for annulment of a voidable marriage in New York State
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. stat ...
is generally fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
(DRL §140 (e)). There are other arguments. Fraud generally means the intentional deception of the Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
by the Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
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.
Annulments may also be granted to a spouse under the age of 18, where marriage occurred without lawful parental consent or court approval, where a party lacked the mental capacity to consent to marriage, where one of the parties lacked the physical capacity to consummate the marriage and the other was not aware of that disability at the time of marriage, or for incurable mental illness for a period of five years or more.
A bigamous
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
marriage (one where one party was still married at the time of the second marriage) as well as an incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...
uous marriage is ''void ab initio'' (not legal from its inception). However, there is still the need for an "Action to Declare the Nullity of a Void Marriage" (DRL §140 (a)), upon which the Court, after proper pleadings, renders a judgment that the marriage is void. There may be effects of marriage
In family law, 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 civi ...
such as a property settlement
Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree.
Distributio ...
and even maintenance
Maintenance may refer to:
Biological science
* Maintenance of an organism
* Maintenance respiration
Non-technical maintenance
* Alimony, also called ''maintenance'' in British English
* Champerty and maintenance, two related legal doctrine ...
if the court finds it equitable to order such relief.
Wisconsin
In Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
, the possible requirements for annulment include: bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
, incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...
, or inducing the bride to be married under duress (see Shotgun marriage
A shotgun wedding is a wedding which is arranged in order to avoid embarrassment due to premarital sex which can possibly lead to an unintended pregnancy. The phrase is a primarily American colloquialism, termed as such based on a stereotypic ...
). Marriages may also be nullified due to one or more of the parties being: underage
In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. ''Minor'' may also ...
, intoxicated, or being mentally unsound.
Marriages may also be nullified due to fraud from one or more of three categories: defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
, marriage witness(es), or marriage officiant
A marriage officiant is a person who officiates at a wedding ceremony.
Religious weddings, such as Christian ones, are officiated by a pastor, such as a priest or vicar. Similarly, Jewish weddings are presided over by a rabbi, and in Islamic we ...
. Any misrepresentation by those three parties, including but not limited to lying about: status as officiant, ability to perform the ceremony, age of the participants or witnesses, felony status or current marriage status of either member of the married couple can be grounds for an annulment on the basis of fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
. Fraud in this cases is prosecuted under Wisconsin Law 943.39 as a Class H felony.
England and Wales
England and Wales provides for both void and voidable marriages.
* Void marriage: spouses are closely related; one of the spouses was under 16; one of the spouses was already married or in a civil partnership
* Voidable marriage: non-consummation
In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply ''consummation'', is the first (or first officially credited) act of sexual intercourse between two people, following their marriage t ...
; no proper consent to entering the marriage (forced marriage); the other spouse had a sexually transmitted disease at the time of marriage; the woman was pregnant by another man at the time of marriage
Section 13 of the Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales.
Contents
The act contains four parts:
# Divorce, Nullity and Other Matrimonial Suits
# Financial Reli ...
provides for certain restrictions in regard to the possibility of annulling voidable marriages, including where the petitioner knew of the "defect" and of the possibility of annulment, but induced the respondent to believe that the petitioner would not seek an annulment; or where it would be "unjust" to the respondent to grant the decree of nullity. There is usually a time limit of three years from the date of the marriage in order to institute the proceedings.
Australia
Since 1975, Australian law provides only for void marriages. Before 1975, there were both void and voidable marriages. Today, under the ''Family Law Act 1975
The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separ ...
'' (Cth.) a decree of nullity can only be made if a marriage is void.[Dickey, A. (2007) ''Family Law'' (5th Ed)]
A marriage is void if:
* one or both of the parties were already married at the time (i.e. bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
)
* the parties are in a prohibited relationship (i.e. closely related such as siblings
A sibling is a relative that shares at least one parent with the subject. A male sibling is a brother and a female sibling is a sister. A person with no siblings is an only child.
While some circumstances can cause siblings to be raised separat ...
)
* the parties did not comply with the marriage laws in the jurisdiction where they were married (note that although a marriage contracted abroad is in general considered valid in Australia, in certain cases, such as when there are serious contradictions with the marriage laws of Australia, the marriage is void)
* one or both of the parties were under-age and did not have the necessary approvals, (minimum marriageable age is 16, but 16- and 17-years-olds need special court approval) or
* one or both of the parties were forced into the marriage.
France
In France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, a country of Roman Catholic
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
tradition, annulment features prominently in law, and can be obtained for many reasons. The law provides for both void and voidable marriages. (see articles 180 to 202, and articles 144, 145, 146, 146–1, 147, 148, 161, 162, 163, and 164 of the French Civil Code)
* void marriage: forced marriage (not to be confused with consent obtained under deception
Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. Deception can involve dissimulation, propaganda and sleight o ...
which makes a marriage voidable not void); underage marriage; bigamy; incestuous marriage; lack of legal competence of the registrar; and clandestine marriage (i.e. hiding the marriage from the public, no witnesses present)
* voidable marriage: vices of consent, i.e. consent obtained under deception/by misrepresentation of one's personal characteristics, personal past, intentions after marriage, etc., where the deceived spouse discovers after the marriage the deceit (given a very broad interpretation by the courts); and failure to secure the authorization of the person who should have authorized the marriage (i.e. lack of authorization of guardians of a mentally challenged spouse)
Multiple annulments for Henry VIII
Henry VIII of England
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
had three of his six marriages annulled. These marriages were to Catherine of Aragon
Catherine of Aragon (also spelt as Katherine, ; 16 December 1485 – 7 January 1536) was Queen of England as the first wife of King Henry VIII from their marriage on 11 June 1509 until their annulment on 23 May 1533. She was previously ...
(on the grounds that she had already been married to his brother—although this annulment is not recognized by the Catholic Church); Anne Boleyn
Anne Boleyn (; 1501 or 1507 – 19 May 1536) was Queen of England from 1533 to 1536, as the second wife of King Henry VIII. The circumstances of her marriage and of her execution by beheading for treason and other charges made her a key ...
(on the grounds that she had 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
Anne of Cleves (german: Anna von Kleve; 1515 – 16 July 1557) was Queen of England from 6 January to 12 July 1540 as the fourth wife of King Henry VIII. Not much is known about Anne before 1527, when she became betrothed to Francis, Duke of ...
(on the grounds of non- consummation of the marriage and the fact that she had previously been engaged to someone else). Catherine Howard
Catherine Howard ( – 13 February 1542), also spelled Katheryn Howard, was Queen of England from 1540 until 1542 as the fifth wife of Henry VIII. She was the daughter of Lord Edmund Howard and Joyce Culpeper, a cousin to Anne Boleyn (the s ...
never had her marriage annulled. She had committed adultery with Thomas Culpeper
Thomas Culpeper ( – 10 December 1541) was an English courtier and close friend of Henry VIII, and related to two of his queens, Anne Boleyn and Catherine Howard. He is known to have had many private meetings with Catherine after her mar ...
during the marriage, and she had flirted with members of his court. Because of this, on November 22, 1541, it was proclaimed at Hampton Court that she had "forfeited the honour and title of Queen," and was from then on to be known only as the Lady Catherine Howard. Under this title she was executed for high treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
three months later.
Controversies
The grounds of annulment in regard to a voidable marriage, and indeed the concept of a voidable marriage itself, have become controversial in recent years. According to a paper in ''Singapore Academy of Law Journal'':
:"Where divorce is available to all, it seems somewhat inconsistent to favour some groups of unhappily married people by giving them the privilege of choosing whether to put an end to their misery by way of annulment or by way of divorce. It is also worthy of note that some judges, like Coomaraswamy J. in Chua Ai Hwa (mw), have noted that some of the grounds making a marriage voidable have tended to be abused by parties who hope the court will grant the petition on fairly skimpy evidence simply because the petition is not defended."
See also
* Alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial suppo ...
* Catholic marriage theology
* Nullity (conflict)
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied ...
for a discussion of the rules relating to the annulment of marriage (conflict)
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied ...
in the Conflict of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad t ...
* Separation
References
External links
''Catholic Encyclopedia'' "Canonical Impediments"
{{authority control
Catholic matrimonial canon law