Marriage Annulment Requirements

By Tamiya King

When a couple have their marriage annulled, the union is dissolved and will appear as if it never existed, according to legal records after the annulment is complete. Either spouse who wishes to have their marriage annulled will have to fulfill certain legal requirements in order for the process to be valid.

Bigamy and Other Relations

Bigamy is grounds for an annulment; this applies when one spouse is still legally married and enters into another marriage. The spouse who has entered into the newest marriage with the already-wed spouse is often the one who files for the annulment. A marriage can also be annulled if the husband and wife are close blood relatives of one another; children from this union are considered illegitimate. If this is proven to be the case after the two parties have married, the union can then be annulled. If a minor has entered into a marriage and proper consent was not given by the child's parent or legal guardian, the marriage can be annulled.

Fraud

If one spouse entered into the marriage after being given a false information from the other, this can be grounds for annullment. For instance, if one spouse has a sexually transmitted disease that the non-infected spouse was not aware of, the marriage can be nullified. If the husband or wife has a criminal history that was not revealed to the other spouse before marriage, an annulment may be granted. Or, if one spouse is impotent and can not consummate the marriage, and this information was not given to the other spouse prior to getting married, it is legal for the couple to get an annulment.

Mental Illness or Incapacity

If one spouse is mentally ill, this can serve as grounds for an annulment, as the remaining spouse could cite the improbability of a healthy or productive marriage as a reason. If any children are conceived during a marriage that was annulled due to mental illness, these children are considered legitimate. If one or both spouses did not have the mental capacity to soundly enter in the contract of marriage due to the influence of drugs or alcohol, or because of mental disability, the marriage can legally become null and void.

About the Author

Tamiya King has been writing for over a decade, particularly in the areas of poetry and short stories. She also has extensive experience writing SEO and alternative health articles, and has written published interviews and other pieces for the "Atlanta Tribune" and Jolt Marketing. She possesses a Bachelor of Arts in English and is currently pursuing higher education to become a creative writing professor.

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