What is a Marriage Annulment?

Although it is not as common as it once was, marriage annulment is a legal degree that states that a marriage never existed. Whereas divorce is the end of a marriage, an annulment decrees that, for various reasons, the union was not a legal marriage due to a defect in the legal marital contract. Just as in a divorce, an annulment also defines the separation of communal property and sets up rights and conditions for any children born to the marriage.

Grounds for Annulment
The most common reasons for a marriage annulment is the status of one or both of the marrying parties is not legally recognized as able to be married. This might occur when one person is under the legal age for marriage or one person is already legally married to someone else. Other reasons the law recognizes marriage annulments are for cases where one or both parties were intoxicated, diminished mental capacity or under duress when married. A blood relationship that is too close is another reason for a marriage annulment.

Religious Annulment
A civil annulment is different than a religious annulment. A civil annulment satisfies requirements set by the state and federal guidelines. Some religions, most notably Catholicism, don't allow divorce, so to end a marriage or allow a member to marry again, the marriage must be annulled to the satisfaction of the church. The religious procedure doesn't affect any civil procedure. In other words, someone could be legally divorced, but the marriage could be recognized as annulled by the Catholic Church.

Consequences of Annulment
While an annulment means that the marriage did not exist, any children that were born to the marriage are still considered legitimate. This means that child support will still be established, regardless of whether the marriage is legally recognized or not. Property will still be divided, as in a divorce.