A lesser known but equally valid alternative is marriage annulment.
How to annul a marriage?
Marriage annulment is a legal procedure by which a marriage is declared to have never existed or to have been invalid from its inception.
Unlike divorce, which dissolves a valid marriage, an annulment renders it null and void from the beginning, as if it never happened.
The grounds for seeking an annulment can vary, but typically include situations such as fraud, duress, incapacity to consent or lack of legal capacity to marry.
To apply for a marriage annulment, you need to file a petition with the competent court in your jurisdiction.
This petition must include evidence to support the claim that the marriage is void under the applicable laws. It is advisable to seek the advice of a lawyer specialising in matrimonial law to guide the process and ensure that all legal requirements are met.
Once the petition is filed, the court will review the case and hold a hearing to hear arguments from both parties.
If the court determines that there are sufficient grounds to annul the marriage, it will issue a judgment of annulment declaring the marriage null and void and making appropriate provisions regarding division of property, custody of children, etc
After How Many Years of Separation Can a Marriage be Annulled?
The length of the separation is not necessarily a determining factor for filing for an annulment.
Unlike divorce, which requires a period of separation before it can be applied for, an annulment is based on the invalidity of the marriage from its inception. This means that, in theory, a couple can apply for an annulment at any time after the conclusion of the marriage if there are legal grounds to do so.
However, it is important to note that timing can affect the viability of the annulment application.
For example, if a couple has been married for many years and has led a normal married life, it may be more difficult to argue that the marriage was invalid from the outset.
Feel free to contact us to schedule an initial consultation to discuss your legal options.
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