Can you nullify a marriage

When a marriage ends, it's important to take the necessary legal steps to formally terminate the relationship. An annulment is a legal procedure that cancels a marriage. An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never valid.

While each individual state has its own laws regarding grounds for marriage annulment or divorce, certain requirements apply nationwide. An annulment case can be initiated by either party in a marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment:.

Like annulment cases, each state has its own set of laws regarding divorce. In most divorce cases, marital assets are divided and debts are settled. If the marriage has produced children, a divorce proceeding determines custody of the children, visitation rights and spousal and child support issues.

A divorce, or legal dissolution of a marriage , is the ending of a valid marriage, returning both parties to single status with the ability to remarry. Each state can have either a no-fault divorce or a fault divorce. A no-fault divorce allows the dissolution of a legal marriage with neither spouse being named the "guilty party" or the cause for the marital break-up. Many states now offer the no-fault divorce option, a dissolution of a legal marriage in which neither party accepts blame for the marital break-up.

In the absence of a guilty party, some states require a waiting period of a legal separation before a no-fault divorce can take place. For this reason, in addition to cases where one spouse wishes to assign blame, some parties seek to expedite the legal process by pursuing a traditional "fault" divorce. A "fault" divorce is only granted when one spouse can prove adequate grounds.

Like an annulment, these grounds vary from state to state, however, there are some overarching commonalities.

These guidelines often include addiction to drugs, alcohol or gambling, incurable mental illness, and conviction of a crime. To help us improve GOV.

It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies. Hide this message. Succession in the Hindus is governed by the Hindu succession Act, , which bases its rule of succession on the basic principle of propinquity, i.

Earlier females were excluded, The Supreme Court, in Mohd. Ahmed Khan v. Shah Bano Begum and others has held that if the divorced woman is able to maintain herself, the husband's liability ceases with the period of iddat, but if she is unable to maintain herself after the peri A Will, likewise called 'testament' is a lawful instrument that empowers an individual to discard his property to somebody whom he needs to give after his end.

A Will happen exclusively after the end of the individual who made the Will. This web site is designed for general information only. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.

Annulment of Marriage under Hindu Law. Annulment is a legal process for declaration of marriage null and void. It can only be stated null and void if there are certain legal requirements were not met at the time of the marriage and then it is considered to have been never existed, legally.

Such process is known as annulment which is very different from divorce. The clear distinction between annulment and divorce is that the annulment refers to the marriage which is never existed at all whereas the divorce dissolves the marriage. Void Marriages : How can it be annulled? FAQs About Annulment. Learn what it takes to qualify for annulment and how soon you can get one. Some of the more common scenarios that could make a marriage voidable are: A spouse hadn't yet reached the legal age to marry under state law.

But the marriage may no longer be voidable if, after reaching legal age, the underage spouse still agrees to the marriage. Either of the spouses lacked the mental capacity to consent to the marriage. You might see this where, at the time of the marriage, one of the spouses was suffering from serious mental illness, or was highly intoxicated or under the debilitating influence of drugs.

Either of the spouses was permanently impotent at the time of the marriage. But this wouldn't qualify if the non-impotent spouse knew about the condition when the marriage occurred. One of the spouses was under duress at the time of the marriage.

The duress would have to be significant, such as the threat of violence. The marriage is based on fraud. An example might be where one of the spouses was addicted to drugs, but didn't tell the other spouse about it prior to the marriage. However, if it's proven that the other spouse would have been willing to go through with the marriage had that spouse known about the condition beforehand, then the fraud would no longer be a viable basis for annulment.

What's the Effect of an Annulment? How About a Divorce?