Annulment

What is annulment?

While divorce is the termination of a valid marriage, annulment is the termination of a marriage that was void or voidable from the start and was, therefore, not completely valid.

What is a "void" marriage?

A marriage is considered void if, at the time of the marriage:

One or both parties had a valid prior existing marriage

The parties were too closely related to be allowed to marry

One or both parties lacked the mental capacity or intent to marry; or

One or both parties was under 18 and entered into a common law marriage.

However, if the valid prior existing marriage becomes legally dissolved and the parties continue to cohabit together, the void marriage becomes valid.

Additionally, if one or both parties were under the age of 18 at the time of the marriage, and one or both parties eventually reach the age of 18 and they continue to cohabit together, the void marriage becomes valid.

What is a "voidable" marriage?

A marriage is voidable if at the time of the marriage:

Either party was under age 16 and did not receive authorization from the Orphan's Court

Either party was between 16 and 18 years of age and did not have parental consent

Either party was under the influence of liquor or drugs

Either party was impotent, or

One party used fraud, duress, coercion, or force on the other party.

However, under certain circumstances, the voidable marriage can become a valid one.

An annulment will not be granted by the court merely because one party realizes "I made a terrible mistake!" or because the length of the marriage was short. Annulment is rarely appropriate and rarely granted.

The information presented on this web site does not constitute legal advice. No attorney-client relationship has been created. Readers are strongly encouraged to contact the firm for professional advice before making any decision of a legal nature. Family Lawyer Service is licensed in the Commonwealth of Pennsylvania.