What is a marriage annulment?

Marriage annulment is a technical legal term describing a situation where although both parties believe that they were married they actually were not. It may have been that they were not married because of some reason such as the fact that they were underage at the time of the marriage or the one of the parties was married to someone else at the time or that the marriage was not conducted in a legal way. In common terminology marriage annulment is often confused with divorce. Divorce is illegal cessation of a marriage. The original marriage was in fact valid in the case of a divorce, however, in the case of a marriage annulment the presumption is that the marriage was never originally legal.

Probably the most common way in which the need for a marriage annulment comes about is when a person migrates from one country to another and one of the countries refuses to recognise the marriage that a couple had in a previous country. Although in Australia the terms of the Family Law Act 1975 are actually quite accommodating to relationships which formed overseas because the legislation means that a court has to recognise a marriage if it was legal in the country in which it originally formed. However, some foreign countries have certain requirements about recognising relationships which formed in other countries which are not as relaxed as Australia’s law is.

There can be any number of issues which can raise a marriage annulment question. If someone gets married and then leaves a spouse when a very young and never bothers to get a divorce and then wants to remarry later on without being able to contact their former spouse, this may be grounds a marriage annulment although this would certainly need to be verified based on the personal circumstances of the person. if you have a question about marriage annulment, where more than happy to help and lawyers are online almost all of the time to answer your questions.