Annulment and divorce are often interchangeable, but these two are different terms. There are various reasons why people consider annulment as their preferred option rather than divorce. Some of the reasons could be religious or cultural reasons in which it is not allowed to divorce. It can also take place in a marriage where it has been less than 12 months of marriage, or else people also consider it as a cheaper option to get a divorce.
If you are confused about what is the difference between annulment and divorce, then you are at the right place. In this article, we will understand what is the difference between annulment and divorce. You can consider consulting a legal officer to get legal advice about the annulment and divorce.
What is the Legal Definition of Divorce and Annulment?
Divorce is a term which states that there is an end to marriage. This says that the marriage was legal, and, due to specific reasons, there is an end to this marriage.
On the other hand, an annulment is something in which the marriage is not really considered legally valid, and therefore, it ends between the couple. So, annulment is when the end of their marriage ends because the couple was never married in the first place.
What are the Legal Grounds for Divorce and Annulment?
As per the new laws in the country, there is no need to provide a reason for the ending of marriage. They have to give a statement in which they must clarify that the marriage is irretrievably broken down. However, there is one condition of divorce, and that is that the marriage must be there for more than 12 months. If the couple is married for more than 12 months, they are eligible for divorce.
Annulments, on the other hand, consider marriages invalid or void. The marriage will be regarded as weak if the couples are not closest to each other or the couple is under the age of 16.
What is the Effect of Annulment and Divorce?
- Finances: If there is a divorce, then there will be spousal support, alimony and other benefits after the divorce. On the other hand, if there is an annulment, it declares the marriage invalid, and therefore, there are no such entitlements.
- Children: It is always a matter of concern among people about what will happen to the children of the couple whose marriage is annulled. So, in such circumstances, the children will be considered legitimate and not illegitimate. Courts consider the parentage in such annulments. However, in divorce cases, there will be a child custody case for the parents.
