The main difference between divorce and annulment is that divorce marks the end of a legally valid marriage, whereas an annulment formally declares that a legally valid marriage is invalid.
Although both divorce and annulment mark the end of a legally valid marriage, there are differences between divorces and annulments, including their function and legal grounds for the termination of the marriage.
Key Areas Covered
1. What is a Divorce
– Definition, Features, Nature
2. What is an Annulment
– Definition, Features, Nature
3. Similarities Between Divorce and Annulment
– Outline of Association
4. Difference Between Divorce and Annulment
– Comparison of Key Differences
Key Terms
Annulment, Divorce, Marriage
What is a Divorce
Divorce is the legal termination of a legally valid marriage. After a divorce, the spouses become single again. If they wish, they can enter another legally valid marriage after getting a divorce. There are legal reasons to end a marriage. A divorce cancels all the duties and responsibilities spouses have towards each other.
The legal procedures and laws related to divorce are different from one country to the other. There are also some countries that do not allow for divorce. In fact, the Philippines and Vatican City are the only two countries in the world that do not allow divorce. The legal reasons or the grounds for the divorce are also different from one country to another. Although laws for divorce are different from one country to the other, there are two basic approaches to divorce. They are fault-based and non-based fault. Countries, including Australia, Finland, Sweden, and New Zealand, allow divorce with no fault. If the two parties are willing to separate for any reason, they can legally separate without pointing faults. There are also different types of divorce, such as contested divorce, uncontested divorce, and mediated divorce.
What is an Annulment
Annulment refers to the formal declaration of the legal end of a marriage. An annulment declares a marriage null and invalid. It is almost as if the marriage did not happen in the first place. An annulment can even take place with the agreement of one party. There are different reasons for an annulment, and at the same time, these grounds can be different from one country to another. Typically, the legal grounds for annulment include one or both spouses being forced or tricked, one or both spouses being unable to make a decision regarding marriage due to a mental disability, drugs, or alcohol, or one or both spouses not being of a legal age to marry.
There are some misunderstandings in society that a person can obtain an annulment after a short marriage. Nevertheless, the short duration of a marriage is not a legal reason for an annulment. A marriage that lasts for a long time is not also eligible for an annulment. There are two basic types of annulment; they are civil annulment and religious annulment.
Similarities Between Divorce and Annulment
- Both divorce and annulment can terminate a legally valid marriage.
- There should be legal grounds to obtain a divorce or an annulment.
Difference Between Divorce and Annulment
Definition
A divorce declares the end of a legally valid marriage, whereas an annulment formally declares that a marriage is legally invalid.
Existence of Marriage
After the divorce, marriage is considered terminated, but there is no denying its existence, whereas, in an annulment, marriage is considered non-existent and terminated.
Marital Status Results
In divorce, partners are considered divorced, whereas, in an annulment, partners are considered single.
Legal Grounds
Legal grounds for divorce and annulment are different from each other, and they are different from one country to another. Moreover, legal grounds for a divorce may involve adultery, abuse, imprisonment, abandonment, and irreconcilable differences. In contrast, legal grounds for an annulment may involve incest, one or both spouses being forced or tricked, being unable to make a decision related to marriage due to a mental disability, drugs, or alcohol, not being of a legal age to marry, etc.
Approaches
Although the two main approaches to divorce are fault-based and non-fault-based approaches, there are no such approaches in annulment.
Types
The main types of divorce are contested divorce, uncontested divorce, and mediated divorce, while the main types of annulment are religious annulment and civil annulment.
Conclusion
The main difference between divorce and annulment is that divorce marks the end of a legally valid marriage, whereas an annulment formally declares that a legally valid marriage is null and void. Legal grounds for divorce and annulment are different from each other.
Reference:
1. “Annulment.” Wikipedia. Wikipedia Foundation.
2. “Divorce.” Wikipedia. Wikipedia Foundation.
Image Courtesy:
1. “Divorce” By وکیل طلاق – Divorce Lawyers (CC BY-SA 4.0) via Commons Wikimedia
2. “Free Divorce Image” (CC0) via Pix4Free
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