Can Marriage Annulment Be Stopped?
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Posted On :
Jan-25-2012
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Article Word Count :
596
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Marriage annulment is a process that is mainly important for Catholics, although some non-Catholics who believe they were not fully married may wish to pursue a legal annulment.
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Marriage annulment is a process that is mainly important for Catholics, although some non-Catholics who believe they were not fully married may wish to pursue a legal annulment.
An annulment is not like a divorce. It is tougher to obtain because certain criteria must be proven. Essentially, instead of saying that you wish to conclude your marriage, you have to demonstrate that the marriage was not valid from the beginning. Consequently it may be possible to stop a marriage annulment, even in cases where a divorce would be awarded almost automatically.
The standards for an annulment in the courts are quite clear-cut, although they will vary depending on the government body that has jurisdiction. Typically, a marriage annulment may be awarded for any of the following reasons:
1. Either one or both of the partners was too young to be lawfully married.
2. There is a close blood relationship between partners, such that marriage would be illegal.
3. One or both of the partners was still lawfully married to somebody else when the marriage took place.
4. One or both of the partners was permanently impotent at the time of marriage.
5. Either one or both of the partners was not mentally competent of entering into a marriage contract.
6. The marriage contract was entered into fraudulently, e.g. one partner concealed a criminal background or a case of a sexually transmitted disease.
7. One or both of the partners did not offer their consent freely (e.g. if they agreed to the marriage under duress).
In the Catholic church, there are several more criteria. For instance a marriage annulment may be given if one or both of the partners was in sacred orders or had taken a vow of chastity; or if one partner refused to have children.
Consequently, a marriage annulment is not like divorce. It is not a thing that people can or should file for when they want out of a typical marriage. A person must be able to claim that the marriage was not legitimate, and that they were never properly married at all.
Occasionally people will seek annulment of a marriage so that they can get married as though it was their first marriage. The reason that they do this is often because they want their second marriage to be recognized by the Catholic church, which does not permit divorce and/or remarriage.
In this situation one or both partners may declare that the marriage was not valid. They could maintain, for instance, that they were mentally ill at the time and consequently not able to give informed consent to the marriage. This could transpire even after many years of marriage and the birth of children.
When one partner wants an annulment in this kind of situation, it can be unbearable for the other partner and the children. The situation becomes as if they had been living together without being wed; the kids could be considered illegitimate.
This is why, contested annulments are fairly common. The spouse who disagrees (the respondent) can appeal their case. If an annulment is awarded by the Catholic church, the respondent retains the right of appeal.
If you are in the position of seeking to prevent or overturn an annulment, you should see a lawyer at once. It is a complicated process and you will need legal advice. It is possible to prevent a marriage annulment but it depends on the circumstances of the individual case.
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Article Source :
http://www.articleseen.com/Article_Can Marriage Annulment Be Stopped?_139364.aspx
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Author Resource :
Jo Goodman is the creator of Saving a Marriage and Fix Marriage. She is a professional writer and counselor specializing in attraction and building relationships based on love, tolerance, peace and harmony.
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Keywords :
relationships, marriage, family, home, divorce,
Category :
Society
:
Relationships
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