Annulment Of Common Law Marriages: Is It Possible?

Annulment is a legal procedure that deems a marriage null and void, and it can be a complex process. There are two ways to end a marriage: annulment and divorce. A marriage can be annulled only when the law considers it void or voidable. A void marriage is one that is not legal from the beginning, such as in cases of bigamy or incest. A voidable marriage is one that is valid until a court declares it invalid, such as in cases of fraud or lack of capacity to consent. Common law marriage can be annulled, but the process and requirements vary by jurisdiction, and it is recommended to seek legal advice.

Can a Common-Law Marriage Be Annulled?

Common law marriage annulment vs. divorce

While annulment and divorce are both legal procedures for dissolving a marriage, there are some key differences between the two.

Annulment

Annulment is a legal procedure that deems a marriage null and void. An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never legally valid. A judge can only annul a marriage if there was something legally wrong with the marriage from the start. Marriages that are void, or never legally valid, include those involving bigamy, incest, or those where one party is a minor. Other reasons for annulment include mental incapacity, fraud, or duress.

Divorce

With a divorce, your marriage is still regarded as legal, meaning your records will show your status as divorced. Your marriage certificate will remain on file with your divorce certificate and a record of your divorce proceedings. Divorce continues to carry a lot of stigma, particularly in religious communities, and can make it challenging to navigate personal relationships and future partnerships.

Common Law Marriage Annulment

A common-law marriage is a valid and legal marriage without a marriage ceremony or marriage license. Common-law marriages are only recognized in a handful of US states. The requirements for a common-law marriage to be valid vary by state, but generally include the following: the couple must live together for a certain period, hold themselves out as a married couple, and intend to be married.

The main difference between common-law marriage annulment and divorce is that an annulment declares the marriage invalid from the start, whereas a divorce legally ends a valid marriage. In the context of common-law marriage, an annulment may be sought on the basis that the requirements for a valid common-law marriage were not met. For example, if the couple did not hold themselves out as a married couple or did not intend to be married.

It is important to note that the laws governing annulment and divorce can vary by state and jurisdiction, so it is always best to consult with a lawyer or legal professional for specific advice.

Grounds for annulment

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike a divorce, it is usually retroactive, meaning that an annulled marriage is considered invalid from the beginning, almost as if it never took place.

In legal terminology, an annulment makes a void marriage or a voidable marriage null. A void marriage is one that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. A voidable marriage, on the other hand, is a marriage that can be annulled but is not automatically void. If your marriage is void, a judge can annul it.

• Incest — marriages between close blood relatives (like parent-child, siblings, aunt or uncle, and niece or nephew).
• Bigamy — marriages where one of the spouses is already married to someone else.
• Fraud — any misrepresentation by the defendant, marriage witness(es), or marriage officiant. This includes lying about age, felony status, or the current marriage status of either member of the married couple.
• Duress — the duress must have been perceived by the complaining party at the time of the marriage and must have been sufficient to prevent a party from acting freely.
• Lack of canonical form — if a Catholic fails to obtain a dispensation from the Catholic canonical form from his bishop and proceeds with a wedding apart from the Church, his wedding lacks canonical form and his marriage is not valid.
• Lack of capacity — if a party is lacking anything required for them to be capable of marriage, then a valid marriage cannot come into existence.
• Lack of consent — if a party weds with the understanding that they can always get a divorce if things don’t work out, they do not sufficiently consent to the marriage.
• Lack of willingness — if a marriage is entered into on a whim or in jest, or it is a sham marriage, it can be annulled.

It is important to note that the grounds for annulment may vary depending on the specific laws and regulations of the jurisdiction in which the marriage took place.

Void vs. voidable marriages

A marriage can be annulled only when it is considered either void or voidable. A void marriage is one that is unlawful under the laws of the jurisdiction in which it takes place. It is therefore non-existent by operation of law. In other words, a void marriage is never valid from the beginning. Examples of void marriages include bigamy, incest, and child marriage. In the case of a void marriage, no legal proceedings are necessary to nullify it.

On the other hand, a voidable marriage is one that is considered valid until it is declared invalid. A voidable marriage can be annulled or, in other words, treated as if it never happened. The grounds for invalidating a voidable marriage vary depending on the state. Common grounds for voiding a marriage include one of the parties being below the age of consent, a party being incapable of consenting to marriage due to mental incapacity or mental illness, or a party being incapable of entering into marriage. Other grounds include fraud, force, or duress. In the case of a voidable marriage, a spouse must request an annulment.

It is important to note that the distinction between void and voidable marriages can have significant implications, especially in cases of forced marriage. In a jurisdiction that classifies forced marriages as void, the state can cancel the marriage even against the will of the spouses. However, if a forced marriage is considered voidable, the state cannot act to end the marriage without an application by a spouse.

Additionally, the laws governing annulment differ across states in the United States. While some states may impose a time limit on applying for an annulment, others may have specific requirements, such as the need for formal documentation that the marriage was voided.

Legal and religious annulment

Annulment is a legal procedure within secular and religious systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning, as if it never took place.

Legal Annulment

A legal annulment is a court order declaring that a marriage never existed due to some legal defect. In the US, the laws governing annulment differ in each state. Common grounds for legal annulment include:

• Incest: Marriages between close blood relatives, such as parent-child, siblings, aunts/uncles and nieces/nephews, or first cousins, are prohibited and can be annulled.
• Bigamy: Marriages where one spouse is already married to someone else.
• Underage: If one or both parties are underage, i.e. under 18 without parental consent, the marriage can be annulled.
• Mental incapacity: If a spouse is deemed mentally incompetent at the time of marriage due to intoxication, incapacity, or mental illness, they may not have been capable of legally consenting, which could invalidate the marriage.
• Duress: If either spouse was under significant duress, such as the threat of violence, at the time of the marriage, it can be annulled.
• Fraud: If one spouse lied or withheld important information, and this would have impacted the other spouse's decision to marry, it may qualify for annulment.
• Impotence: If a spouse is permanently impotent and the other spouse was unaware at the time of marriage, this can be a basis for annulment.

Religious Annulment

A religious annulment is granted by a church or religious institution and is separate from the court system. It declares that a valid marriage never existed within the eyes of the church. For example, in the Catholic Church, an annulment is called a "Declaration of Nullity", meaning that a sacrament occurred and the marriage cannot be dissolved while both parties are alive. Religious annulments do not have any legal impact on the marriage and are often sought when divorce is not allowed by the religion. To obtain a religious annulment, a civil annulment is usually required first.

Annulment and children

In terms of inheritance and legitimacy, the concept of "void" and "voidable" marriages is crucial. A void marriage is one that is not legally valid from the outset, such as those involving bigamy or incest, while a voidable marriage is valid but can be annulled if contested in court by one of the spouses. Under the laws of most nations, children born during a void marriage are considered legitimate, and annulment does not typically affect the legitimacy of children in the eyes of the law or the church. However, in estate planning scenarios, heirs may seek to annul a deceased relative's marriage on the grounds of mental incapacity to reclaim money or property left to the new spouse.

From an emotional standpoint, annulment can be traumatizing for children, as they may struggle with the idea that their parents' marriage is considered to have never existed in the eyes of the church or the state. This can cause feelings of heartbreak and confusion, and there may be a need for support and counseling to help children cope with the emotional impact of annulment.

Additionally, in the Catholic Church, the term "annulment" is often used interchangeably with "declaration of nullity," which is a finding by a Church tribunal that a marriage thought to be valid fell short of the essential elements required for a binding union. This declaration does not deny that a relationship existed but instead states that it was missing something essential for a valid marriage according to Church law. Importantly, this declaration has no bearing on the legitimacy of any children born within the marriage, as they are still considered legitimate within the Church.

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