Sunday 1 June 2014

What is the difference between Annulment vs Divorce?

Annulment is a judgment of the court declaring a marriage null or void from the date of its formation. It is an official or legal cancellation of a marriage. Annulled marriage is one that is considered to be invalid from the beginning. In other words it is assumed that the marriage had never taken place. In some countries the marriage is considered void from the date of annulment. An annulment means that the individual was never united in marriage as husband and wife.

There are various grounds of annulment, to name a few fraud or lies are the common ones. Religion, children or sex are few of the foundation for a marital relationship but there are issues on it as well. Health conditions, marriage age and physical incapability are some of the other grounds. Annulment can occur when legal formalities are not fulfilled at the time of marriage. Bigamy is another such ground when either of the spouses is legally married to another person at the time of marriage. In India void marriages are dealt in Section 11 of Hindu Marriage Act, 1955.

Annulment vs Divorce


Whereas Divorce is a court order that terminates a marriage that was existing till date. In other words it is applicable in case of a valid marriage. Divorce occurs when Husband and Wife decide to separate due to major issues in the relationship.

Divorce lawyer plays a crucial role in the success of one’s divorce case. Hiring the right Divorce Lawyer is very important is he is the one to assist you through the divorce legal procedures. Hence a lawyer with strong track record needs to be identified. There are few sources like internet, advertisement, family friends to look for the right and the appropriate lawyer.

To file a divorce case the first step is to appoint a lawyer who would handle the case tactfully and efficiently. Indian Divorce laws are primarily of two types, mutual divorce and contested divorce. In case of mutual divorce, a mutual settlement is made between the two parties. But in case of contested divorce, the case is filed on the grounds specified under the Indian marriage act which depends on the religion of the person. The divorce laws are different for Hindus, Muslims, Christians and Sikhs. The lawyer will then file a petition in court. There are several important documents that need to be attached. Then the court sends a notice asking the spouse to appear in court. Henceforth the hearings continue. One needs to be mentally strong to face all social consequences which arise as a result of filing a divorce in court.

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