Annulment
What does "Annulment" mean in law?
An annulment is a legal declaration that a marriage is void or voidable, treating it as though it never legally existed, in contrast to a divorce which dissolves a valid marriage. Void marriages are those that were never legally valid from inception due to impediments such as bigamy, incest, or the absence of legal capacity, and may be challenged by anyone at any time. Voidable marriages are those that were valid when entered but may be annulled at the request of one party based on grounds such as fraud, duress, mental incapacity, underage marriage without proper consent, or physical incapacity. The practical distinction matters because annulment may affect property rights, spousal support eligibility, and legitimacy of children, though most modern statutes protect children's rights regardless of annulment and some courts apply equitable doctrines to achieve fair property outcomes.
Definition
An annulment is a legal declaration that a marriage is void or voidable, treating it as though it never legally existed, in contrast to a divorce which dissolves a valid marriage. Void marriages are those that were never legally valid from inception due to impediments such as bigamy, incest, or the absence of legal capacity, and may be challenged by anyone at any time. Voidable marriages are those that were valid when entered but may be annulled at the request of one party based on grounds such as fraud, duress, mental incapacity, underage marriage without proper consent, or physical incapacity. The practical distinction matters because annulment may affect property rights, spousal support eligibility, and legitimacy of children, though most modern statutes protect children's rights regardless of annulment and some courts apply equitable doctrines to achieve fair property outcomes.
Example
The wife obtained an annulment after proving that her husband had fraudulently concealed a prior undissolved marriage at the time of their ceremony, rendering their marriage void ab initio under the state's bigamy prohibition.