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Annulment is a legal procedure for declaring a marriage null and void. When procured from the Catholic Church it also enables one to get remarried in the Church. This is independent from obtaining a civil divorce, although before beginning a process in front of the Eccliastical Tribunal, it has to be clear, that the marriage community cannot be rebuilt.1 Annulment in New York State
The cause of action for Annulment in New York State is generally
fraud (DRL §140 (e)). There are other arguments; see the Statute.
"Fraud" generally means the intentional deception of the Plaintiff
by the Defendant in order to induce the Plaintiff to marry. The
misrepresentation must be substantial in nature, and the Plaintiff's
consent to the marriage predicated on the Defendant's statement. The
perpetration of the fraud (prior to the marriage), and the discovery of
the fraud (subsequent to the marriage) must be proven by corroboration
of a witness or other external proof, even if the Defendant admits guilt
(DRL §144).
The time limit is three years (not one year). This does not run from
the date of the marriage, but the date the fraud was discovered, or
could reasonably have been discovered.
The grounds for annulment do not include any of the following:
- Failure to consummate the marriage
- Failure to live together
- Marriage less than 1 year
- Mutual consent
- Mistake
- Already married
A bigamous marriage (one party was still married at the time of the
second marriage) cannot be annulled—it is void ab initio (not legal from its inception). However, either party (as well as certain other parties) can petition the Court with an "Action to Declare the Nullity of a Void marriage" (DRL §140 (a)). The Court, upon proper pleadings, renders a Judgment that the marriage is void. There may be effects of marriage such as a property settlement and even maintenance if the court finds it equitable to order such relief.
2 Multiple annulments
- Henry VIII of England had four of his six marriages annulled. These marriages were to Catherine of Aragon (on the grounds that she had already been married to his brother), Anne Boleyn and Catherine HowardCatherine Howard ( 1520? February 13, 1542) was the fifth queen consort of Henry VIII of England 1540- 1542, sometimes known as "the rose without a thorn. She was born between 1520 and 1525, maybe 1521, probably in London, the daughter of Lord Edmund Howa (whom he later had executed) and Anne of ClevesAnne of Cleves also known as The Mare of Flanders (see below) ( September 22, 1515 July 16, 1557) was the queen consort of Henry VIII of England from January 6, 1540 to July 9, 1540. Hans Holbein the Younger hid the evidence of her smallpox scars. Anne wa (on the grounds of not consumating the marriage).
1 See also
- Catholic marriage theologyIn the theology of Catholicism, marriage is an inseparable bond between a man and a woman, created by human contract and ratified by divine grace. The nature of the contract requires that the two participants be one man and one woman, that they be free to
- Divorce.
- SeparationSeparation in chemistry is the separation of mixtures A prison separates criminals from society. A wall or ditch can be used for separation of outdoor areas, a wall also within a building. Separation is a physical situation in a marriage that can lead to
Roman Catholic Sacraments and Other Practices
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