annulment

An annulment is a legal declaration that a marriage was not valid from the outset, so the marriage is considered to have never occurred. It is different from a divorce, which ends a legally valid marriage. Annulment can be sought in civil courts and, in some jurisdictions, by religious authorities, with grounds and effects that vary by jurisdiction.

Civil annulments are often categorized as void or voidable. Grounds commonly cited include bigamy or underage marriage (void from the start); lack of genuine consent due to coercion, fraud, or misrepresentation (voidable); incapacity to understand the nature of marriage; impotence; or failure to meet legal formalities. Non-consummation may also be cited in some systems. The precise rules determine who can petition, the time limits, and the evidence required.

Religious annulments or declarations of nullity are distinct from civil judgments. In the Catholic Church, for example, a decree of nullity states that essential elements of the marriage were lacking, such as true consent or freedom, and does not imply wrongdoing by either party. Other faiths have similar processes. Civil and religious determinations do not always align, and a marriage could be considered valid in one sphere and invalid in another.

Effects are generally to restore the parties to single status from the time of marriage; however, consequences for property, alimony, and children are governed by applicable law and can vary. In many places, a declaration of nullity does not automatically affect the legitimacy or rights of children born during the marriage, and related issues may be addressed separately.