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WHAT'S THE LEGAL DIFFERENCE BETWEEN ANNULMENT AND DIVORCE? Louise Banks - Sep 2008 START

Difference between Annulment and Divorce

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This presentation defines and shows the legal difference between annulment and divorce.

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  • WHAT'S THE LEGAL DIFFERENCE BETWEEN ANNULMENT AND DIVORCE? Louise Banks - Sep 2008 START
  • An ANNULMENT is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased - legally, it declares that the marriage never technically existed and was never valid.
  • A DIVORCE, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry.
  • REASONS FOR ANNULMENT Bigamy - either party was already married to another person at the time of the marriage
  • REASONS FOR ANNULMENT Forced Consent - one of the spouses was forced or threatened into marriage and only entered into it under duress
  • REASONS FOR ANNULMENT Fraud - one of the spouses agreed to the marriage based on the lies or misrepresentation of the other
  • REASONS FOR ANNULMENT Marriage Prohibited By Law marriage between parties that based on their familial relationship is considered incestuous
  • REASONS FOR ANNULMENT Mental Illness - either spouse was mentally ill or emotionally disturbed at the time of the marriage
  • REASONS FOR ANNULMENT Mental Incapacity - either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent
  • REASONS FOR ANNULMENT Inability to Consummate Marriage either spouse was physically incapable of having sexual relations or impotent during the marriage
  • REASONS FOR ANNULMENT Underage Marriage - either spouse was too young to enter into marriage without parental consent or court approval
  • HOW ABOUT DIVORCE?
  • REASONS FOR DIVORCE Adultery - one or both spouses engages in extramarital relationships with others during the marriage
  • REASONS FOR DIVORCE Desertion - one spouse abandons the other, physically and emotionally, for a lengthy period of time
  • REASONS FOR DIVORCE Physical/Emotional Abuse - one spouse subjects the other to physical or violent attacks or emotional or psychological abuse such as abusive language, and threats of physical violence