Separation Lawyers Consultation: The Difference between Divorce and Annulment?

Divorce and annulment are two different things. Generally, people get confused with the two terms and separation lawyers have a fair bit of explanation to do on this. With the help of inputs from a popular family lawyer in Sydney, in this article, we’ll discuss about how the law differentiates a divorce from an annulment.

Marriages are made in heaven! But, at times owing to various uncompromising circumstances, people decide to legally terminate their marriage. This legal termination can be achieved either through a divorce or an annulment. Let us understand the difference between the two.

Divorce is the procedure, wherein a valid marriage is legally terminated, putting an end to the nuptial relationship between the two partners. It accommodates every possibility of a remarriage. An annulment, on the other hand, is completely erasing the existence of a valid marriage. It declares that the marriage never was or is valid.

Filing for a divorce can be complex’. Law varies from region to region, and Sydney family law isn’t the most simple. During the proceedings for a divorce hearing, matters related to marital debts and assets are sorted out. Also, if there are children from the marriage, the proceedings will decide the visiting rights, child support issues, and the custody rights.

The common suitable grounds for divorce are:

Physical or emotional abuse: if any of the partners treats the other with abusive language, physical violent attacks or threats of physical violence.

Adultery: if either or both the partners are involved in extramarital relationships

Abandoning: if any of the partners in a legal marriage deserts his/her spouse, either mentally or physically for a prolonged period of time.

The proceedings for an annulment case can be initiated either by the husband or the wife. Whoever files for an annulment must have a strong proof to support his/her case. If the proof is found to be true, the marriage is then termed as null and void by the judicial authority of the state.

Below are certain conditions that are treated as valid for filing an annulment:

Inability to consummate: if either of the partners is physically unable to establish physical relations during the term of the marriage or is declared as impotent.

Underage marriage: either spouse was too young to enter the nuptial knot without parental consent.

Mental incapacity: if at the time of the marriage, either of the spouses was under the influence of alcoholic beverage or drugs and was not in the condition for a conscious consent for the marriage.

Bigamy: if any of the partners was already married to another person at the time of the marriage.

Separation lawyers can best suggest whether a particular case would pertain to a divorce or an

annulment. They can also advise the couple about the complexities that can exist. However, the state laws and the difficulties of the situation term whether the procedure will be simpler or complex.