If you have problems in your marriage, you may be thinking about deciding to divorce or cancel. But did you know the difference between the two?
Divorce and annulment have many differences and similarities. Confusing, isn’t it?
From a legal point of view, the differences also include the type of evidence you need to provide. The obligations to the former partner and by him in each decision must also be taken into account.
So here are some things about divorce and cancellation that you need to know. However, it is best to consult a lawyer to get a better explanation.
THE DIFFERENCE BETWEEN DIVORCE AND ANNULMENT
If there is one thing that distinguishes a divorce from an annulment, it is legality. The divorce terminates a valid marriage, while the annulment invalidates a marriage unlawfully.
The divorce dissolves a legal marriage, terminates and terminates it, with the help of your lawyer, of course. If you manage to enforce a divorce, your marriage will be legally terminated and you will be declared single again.
The annulment is a legal decision that wipes out a marriage – as if it never took place. It declares a marriage null and void, and the connection between the two persons is never valid. But even if your marriage is deleted, your marriage records remain in the files. In any event, a religious annulment is not considered to be the legal dissolution of a civil marriage.
REASONS YOU SHOULD HAVE TO GET A DIVORCE AND ANNULMENT
Divorce is more frequent and is often sought when the two persons involved have recognised the existence of their marriage. Annulment, on the other hand, is often sought when one or both parties believe that their marriage is legally invalid.
Evidence of divorce differs according to national law. However, divorces, in which both parties agree to end their marriage, are more common today. Here, divorced couples may still have problems with the property, finances and custody of the children, which they have to settle, among other things, through court orders with the help of their lawyer.
Annulment can end a marriage that one or both parties believe should never exist. If the marriage is concluded without any indication of unknown facts, such as .B a secret child or an undisclosed illness, the bond may be annulled. It can also terminate a marriage if it is not lawful, e.B. if there are problems with bigamy or incest.
LEGAL GROUNDS TO OBTAIN AN ANNULMENT
One or both parties were forced or tricked into marrying.
– One or both parties were unable to choose to marry due to a mental illness or under the influence of drugs or alcohol.
– One or both parties were already married at the time of the marriage (bigamie).
– One or both parties were not yet of legal age at the time of the marriage (bigamy).
– The marriage was incestuous.
– One or both parties are impotent or incapable of sexual functioning at the time of marriage.
– One or both parties have lied, hid, pretended not to have children, already have children, or have legal or criminal problems.
The couple must speak to their lawyer and meet these conditions in order for their cancellation to be granted.
Both divorce and annulment are complicated from a legal point of view. Couples can apply for a loan if they want to dissolve their marriage, as this can be very costly. The court proceedings can also be lengthy.
If they decide to divorce or annul the marriage, either or both parties must ask the court to formally initiate the proceedings. In any case, there is a possibility that it may be cost-effective for both parties to agree to end their marriage without disputes or disagreements.
AFTER DIVORCE OR CANCELLATION
Life after a divorce or annulment also has differences. After an annulment, a marriage never seemed to come about. Alternatively, the couple may still have obligations to each other after a divorce, such as .B spouse maintenance, sharing of common property and raising children together.
This article should never be used as legal advice. You must still consult a lawyer who is familiar with marriage and family law. You need an expert who knows your personal reasons to give you the right legal advice, and who knows whether you should opt for a divorce or anannulment.