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Here are some reasons for an annulment of marriage provided for by law: if one of the spouses was already married at the time of the marriage, if one of the spouses was a minor at the time of the marriage and if one of the spouses suffered from a mental disorder at the time of the marriage. As soon as the marriage is annulled, there is retroactivity. That is to say, that nullity has consequences not only for the future, but it also erases all the effects of the past. Conversely, divorce puts an end to a marriage only for the future.
Remember, some reasons for an annulment of marriage provided for by law include incest, lack of consent, bigamy and the incompetence of the registrar. If the judge decides to annul the marriage, it is possible to appeal this decision. In a case where the consent of one of the spouses has not been given, an action to annul the marriage may be initiated by the spouse who has not given consent or by the public prosecutor.
Another reason for an annulment of marriage provided for by law includes a lack of family authorization. Remember, when minor children want to get married, parental authorization is essential.
Another reason for an annulment of marriage provided for by law includes the absence or the violation of consent. Also, for example, there are sometimes cases of a fraudulent marriage concerned with a financial advantage or for acquiring a nationality. The concept of putative marriage was therefore created in the event of a judicial annulment of the marriage on serious grounds. Also, view this link for more details: https://en.wikipedia.org/wiki/Putative_marriage
Also, it is a civil judge who, if necessary, pronounces the nullity of the marriage and cancels it. Remember, there is usually an absence of compensation in the event of marriage annulment. For example, the right of inheritance between spouses disappears as well as matrimonial agreements. On the other hand, the annulment of the marriage has no direct legal effect on the children: each parent retains the exercise of parental authority.
On the other hand, during divorce proceedings, a spouse can obtain the establishment of alimony in their favor to help a spouse provide for their needs. The judge may determine the award and amount of support.
Also, for a divorce by mutual consent, a spouse no longer needs to prove the fault of the other spouse to obtain a divorce. On the other hand, a divorce will result in a dissolution only for the future of the marriage.
In principle, a marriage annulled by a court decision must have so-called retroactive effects (on the past) and the marriage is therefore deemed not to have existed, which supposes to consider the “spouses” as cohabitants. A marriage annulled by a court decision also provides these effects: a loss of inheritance rights, a cancellation of the donations during the marriage, a loss of the marital name and a disappearance of the duty of retroactive assistance with restitution of the sums provided.
The spouse of good faith is the one who was in ignorance, and who acted in accordance with what they knew (eg one of the spouses is bigamous at the wedding). If you are the spouse of good faith you should act as soon as possible by contacting a lawyer while gathering as much evidence as possible showing your spouse’s real intentions: threats, non-participation in marriage expenses, frequent and/or prolonged absences from the marital home, etc. Remember, in NYC a spouse has an unlimited period from the day of the celebration of the marriage or the knowledge of the error to request the annulment of a marriage.