An Overview of Marriage Annulment Law and Legal Procedure

Update: June 22nd, 2011

Marriage Annulment in Ireland is also referred to as the Nullity of marriage. It is a declaration made by the court of law that declares that a marriage is not valid and therefore is declared to be null and void. In fact, as per the declaration the marriage never took place. This decree is obviously not the same as that of a divorce. A divorce marks and end to a valid marriage whereas a declaration of nullity states that a valid marriage did not take place.

 

It is important, however, to keep in mind that an annulment of a marriage declared by the church does not have any sort of legal implications. It does not, in any way, give you the right to marry once again or go ahead and forge a civil partnership. As per the law of nullity, there are a couple of types of marriages which can be cancelled or annulled. These include voidable marriages and void marriages.  If you have a voidable marriage, it implies that the marriage is considered to be valid until and unless a decree of annulment is implemented. On the other hand, a void marriage is one that never took place.

 

In technical terms, if there was no marriage that took place ever, there is no point moving to court in order to get a decree of annulment. You can simply carry on as before, as if the marriage did not take place. However, legal experts would advise you to get a court order stating the annulment of your marriage in clear terms so that there is no confusion in the future.

 

You can file an application for annulment of your supposed marriage at the High Court or the Circuit Court. This also known as a petition for annulment and you must state the grounds on which you are filing the application.