Grounds for Annulment

When a married couple wish to end their marriage, they have three options before them. What most couples do initially is separate, which means that they are still legally married, but for all practical purposes, separate. The next stage is to get a divorce, which is a lengthy and often a painful procedure. Divorce proceedings in many countries are very expensive, which is one of the reasons couple stay separated for an extended period of time before going through it. The third option, available to only a few, is annulment. While divorce marks the dissolution of the marriage, annulment declares that the marriage was null and void, and thus never existed.

Not all couples are eligible for an annulment. There are a specific set of conditions, any of which can be grounds for an annulment. An annulment will be awarded only if any of these condition are clearly and convincing proved in a court of law. The statutes that determine the invalidity of a marital contract are not the same in every state.

These statutes are applicable in most states:

Consanguinity or Affinity
Consanguinity or affinity is one of the grounds for annulment. This legal term refers to a marriage where the man and woman are very closely related. It is illegal for a man or a woman to marry a parent, grandparent, sibling, aunt, uncle, or any similar half (step) relation. Irrespective of the intentions or reason either party had for going through with such a marriage, it is still considered null and void from the start.

Bigamous Marriage
The dictionary meaning of bigamy is 'the act of entering into a marriage with one person while still legally married to another'. Possibly the most common grounds for annulment is when one party, while still legally married, enters into another marriage. This can be done intentionally, or happen unknowingly, like when a divorce decree for a prior marriage is invalid or not final. As bigamy is a crime, it automatically makes the marriage void from the onset.

Incompetence
While a marriage where one person is mentally retarded, mentally ill, or otherwise incompetent is not void, but the law requires that before a marriage license is issued to anyone who is under the supervision and control of a conservator or guardian, the written consent of that person must be obtained. Such a marriage may be voidable under general legal principles of equity.

Defects in the Marriage Ceremony or License
There are certain requirements that need to be adhered to while obtaining a marriage license, for it to be a legal marriage. One such condition is that the person performing the marriage ceremony has to be legally qualified to do so. Failing to meet any of the requirements are grounds for annulment.

Fraud, Force, or Duress
A value that stands true for all legal contracts, is that both parties sign it with the intent to assume the contractual obligations. As marriage is also viewed as a contract by the law, it requires that neither party enter it with the intent to deceive the other. An example is of one person entering the marriage with the objective to gain citizenship rights. At the time of seeking an annulment, courts can ascertain either party's intent by examining the course of events leading up to the marriage and the ceremony itself.

For a marriage to be valid, consent of both parties is needed. If only one party consents, or the consent of one party is obtained by fraud, the marriage is considered void. Also, if one person entered into the marriage by force, duress, or coercion, that is also grounds for annulment.

Concealment or Misrepresentation of Facts or Circumstances
Among the commonly raised grounds for annulment, is if one person has concealed or misrepresented their health or physical condition. However, it is often held up only if it is a matter essential to the marriage union, such as impotency or inability to consummate the marriage. Other conditions that are considered are ailments that pose a danger to the health of the spouse or offspring. Conditions that are not considered are a person's chastity prior to the marriage or misrepresentation of a party's willingness to have children.

While these are the grounds for a civil annulment, the canon law has its own set of conditions, depending on which it awards annulments. While most are similar, in addition to these, the marriage is considered void if the couple did not get married in a Catholic Church, or either party did not intend to enter into a lifelong, exclusive union, open to reproduction.