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Thursday, April 2, 2009

IS DECLARATION OF NULLITY OF MARRIAGE DIFFERENT FROM ANNULMENT?

YES... Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. It applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place. The process of obtaining such a declaration is similar to the annulment process. Generally speaking, annulment, despite its retrospective nature, still results in any children born being considered legitimate in the United States and many other countries.

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