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Annulment of Marriage

An annulment is a legal procedure that cancels a marriage, treating it as though it never legally existed. Unlike a divorce, which dissolves a valid union, an annulment addresses marriages that are either void or voidable due to specific legal defects.

At Chambers of Koon, we assist clients in navigating the stringent requirements of nullity proceedings. Our expertise ensures that your application is supported by the necessary legal thresholds to restore your single status effectively and discreetly.

Grounds for Annulment

The law categorizes annulments into two distinct types. Understanding which category your marriage falls into is essential for a successful application:

child maintenance

Void Marriages

A marriage is considered void, which is legally non-existent from the start if there are elements of:

  • Prohibited Degrees: The parties are closely related by blood.
  • Bigamy: One party was already legally married to someone else at the time of the ceremony.
  • Improper Ceremony: The marriage was not solemnized by an authorized person or according to legal requirements.
spousal maintenance

Voidable Marriages

A marriage is valid until it is set aside by a court. Common grounds include:

  • Incapacity to Consummate: The inability of either party to consummate the marriage due to a physical or psychological condition.
  • Willful Refusal: The deliberate and steadfast refusal of the other party to consummate the marriage.
  • Lack of Consent: The marriage took place under duress, mistake, or unsoundness of mind.
  • Undisclosed Facts: One party was suffering from a communicable venereal disease or was pregnant by another person at the time of the marriage without the spouse’s knowledge.

Key Differences Between Divorce and Annulment

Feature Divorce Annulment
Legal Status Ends a valid marriage. Declares the marriage as null or void.
Requirement Usually requires a period of separation. Can be filed shortly after the ceremony if grounds are met.
Final Status Parties are "Divorced." Parties return to "Single" status.
Ancillary Matters Court decides on assets and custody. Court can still decide on assets and children, similar to divorce.
Litigation

Our Approach

Annulment cases often require sensitive handling and precise evidence, particularly when involving willful refusal or lack of consent. We provides:

  • Evidence Gathering: We help you compile the necessary documentation and evidence required to prove nullity.
  • Discrete Representation: We recognize the sensitive nature of annulment grounds and prioritize your privacy throughout the legal process.
  • Transition Management: We ensure that ancillary matters, such as the division of joint assets or child custody, are resolved fairly, even when the marriage is annulled.

Determining Your Eligibility

The window for filing an annulment is often limited to typically within the first three years. Our legal team will provide a comprehensive assessment of your situation to determine if an annulment is the most appropriate path for your circumstances.

Here to Help You Understand Your Options.

If you’re considering annulment, our team can walk you through what it involves and whether it may apply to your situation.

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