Availability of an Annulment
An annulment regards a marriage as a contract, which contains responsibilities and expectations. A couple who agrees to enters into the eternal bond of marriage, also agrees to enter in to a legally-binding contract. The availability of an annulment thus depends on the stipulations in the contract. If it is breached and marriage annulment laws are violated then an annulment process can be upheld. In order to annul, just one of many elements must be present.
Marriage annulment laws are unique when compared to grounds for a divorce. The general availability of an annulment revolves around mental, physical or legal considerations. Mental considerations question the capacity or mental state of an individual when he/she consents to marriage. One can annul if an individual was under severe mental strain during the exchange of vows.
Marriage annulment laws also bar the inclusion of drugs and alcohol, which alter an individuals rationale. If incest is present during the ceremony a violation of marriage annulment laws is present,for example, uncle and niece, parent and child, or grandparent and grandchild than an annul is justified. If a person was forced into the marriage or threatened in some regards than a nullification will be awarded. If an individual jumped into marriage on a dare, or was the victim of fraud by their spouse, then an annul will also be upheld. Examples of fraud include misrepresentations such as, willingness to bare a child, living situation, and family history. In addition to the influence of drugs or alcohol, mental strain, and misleading-insanity is also grounds for an annulment under the marriage annulment laws.
Marriage annulment laws contrast greatly from civil marriage laws in regards to physical impediments. Spousal abuse, although horrible, is not a violation of the marriage annulment laws. Physical impediments for an annulment revolve around the ability to procreate, and not violence. For instance, an annul can be granted if a partner displays chronic impotence throughout the marriage. If a partner fails to conceive, whether it be husband or wife, than a decree of nullity is warranted.
Legal infractions of the marriage annulment laws are the most common grounds for successfully entering into an annulment. Since annulments are foreign to most people there a number of misconceptions attached to them. Many assume that annulments have to do with duration of the marriage. Although most take place within the first month of wedlock, the length of one's marriage has no bearing on the availability of an annulment. If there was a violation of the marriage annulment laws an annulment can be received at any time during the union.
A common misunderstanding in regards to the availability of an annulment revolve around the presence of children in a marriage. Under marriage annulment laws, a couple with children may receive a declaration of nullity, however, the likelihood of obtainment greatly diminish. Due to increased complications and opportunity costs, jurisdictions tend to avoid cases where a child is in the middle of an annulment.
Unlike a divorce, the availability of an annul does not depend on the spouses wishes or feelings, but instead on the marriage annulment laws. A specific set of conduct exists with annulments; a strict code that must be violated for the procedure to take place. Understanding the availability of annulment can save a couple considerable amounts of time, money, and stress.
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