Annulment of marriage - Biblioteka.sk

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Annulment of marriage
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In a scene from the Mahabharata, Abhimanyu learns that his engagement to Vatsala has been annulled.

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void.[1] Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment; for example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales).[2] In legal terminology, an annulment makes a void marriage or a voidable marriage null.[3]

Void vs voidable marriage

A difference exists between a void marriage and a voidable marriage.

A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the marriage was voided. Under the laws of most nations, children born during a void marriage are considered legitimate. Depending upon the jurisdiction, reasons for why a marriage may be legally void may include consanguinity (incestual marriage), bigamy, group marriage, or child marriage.[4][5]

A voidable marriage is a marriage that can be canceled at the option of one of the parties. The marriage is valid, but may be annulled if contested in court by one of the parties to the marriage. The petition to void the marriage must be brought by one of the parties to the marriage, and a voidable marriage thus cannot be annulled after the death of one of the parties. A marriage may be voidable for a variety of reasons, depending on jurisdiction. Common reasons for allowing a party to void a marriage include entry into the marriage as a result of threat or coercion. Some jurisdictions have a distinction between legal age of majority and legal age of marriage; in this case, it is usually the custom that the marriage can proceed with parental or guardian consent, and the marital parties being able to ratify or void the marriage upon reaching the age of majority. These are also considered voidable marriages.

The principal difference between a void and voidable marriage is that, as a void marriage is invalid from the beginning, no legal action is required to set the marriage aside. A marriage may be challenged as void by a third party, for example in probate proceedings during which a party to the void marriage is claiming inheritance rights as a spouse. In contrast, a voidable marriage may be ended only through the judgment of a court, and may be voided only upon the petition of one of the parties to the marriage or, if a party is under a legal disability, by a third party representative such as a parent or legal guardian.

The legal distinction between void and voidable marriages can be significant in relation to forced marriage. In a jurisdiction that classifies forced marriages as void, then the state can cancel the marriage even against the will of the spouses. In contrast, if the law provides that a forced marriage is voidable then, even if it can be proved that the marriage was forced, the state cannot act to end the marriage in the absence of an application by a spouse.[6]

Christianity

Catholicism

In the canon law of the Catholic Church, an annulment is properly called a "Declaration of Nullity", because according to Catholic doctrine, the marriage of baptized persons is a sacrament and, once consummated and thereby confirmed, cannot be dissolved as long as the parties to it are alive. A "Declaration of Nullity" is not dissolution of a marriage, but merely the legal finding that a valid marriage was never contracted. This is analogous to a finding that a contract of sale is invalid, and hence, that the property for sale must be considered to have never been legally transferred into another's ownership. A divorce, on the other hand, is viewed as returning the property after a consummated sale. Zdroj:https://en.wikipedia.org?pojem=Annulment_of_marriage
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