Annulment

Question 1

Define

Annulment

Answer 1

declares a marriage invalid because an impediment that existed at the time of marriage makes it legally void or voidable.

Question 2

Define

Void Marriage

Answer 2

A void marriage is invalid. Nullified.
Failed to meet the essential requirements for a legal marriage. Cannot be rectified.
e.g. Bigamy or polygamy, consanguinity.

If the reason of the invalidity is removed (spouse from 1st valid marria

Question 3

Define

Voidable Marriages

Answer 3

Marriage is valid until declared null.
One of the spouses may bring action to have the marriage annulled.
Typically when there was no entire consent.
E.g. nonage, incurable physical impotence, lack of capacity, duress, fraud (on the essential elements of the marriage).

Question 4

Effects of annulment ?

Answer 4

As if never existed
No spousal support.

BUT children born in annuled marriage considered marital children (suppo