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Annulment is a legal procedure within secular and religious legal systems for declaring a marriage ... The principal difference between a void and voidable marriage ...
A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, [1] or an annulment may be required to remove any legal impediment to a subsequent marriage. [2]
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment 00. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, [1] and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred.
The teaching of the Catholic church is that annulment and divorce therefore differ, both in rationale and effect; an annulment is a finding that a true marriage never existed, whereas a divorce is a dissolution of marriage. In canon law there are numerous reasons for granting annulments of marriages that were entered into invalidly. [130]
Strictly speaking, some jurisdictions may interpret the failure to disclose such conditions in advance as actual or constructive fraud that renders the marriage void, or at least voidable unless and until accepted by the other party once that other party learns of the condition and, thus, serves as grounds for an annulment rather than for ...
It differs from annulment because it dissolves a valid natural (but not sacramental) marriage whereas an annulment declares that a marriage was invalid from the beginning. [6] The related Petrine privilege, which also allows remarriage after divorce, may be invoked if only one of the partners was baptized at the time of the first marriage.
What constitutes a void marriage is determined by section 23 of the Marriage Act 1961 [6] The distinction that existed before 1975 between void and voidable marriages no longer exists. In addition, the 1975 Act also abolished the legal concept of non- consummation of marriage as a ground for annulment, [ 7 ] [ 8 ] so that a divorce application ...