Home > West's Encyclopedia of American Law > Annulment

A judgment by a court that retroactively invalidates a marriage to the date of its formation.

An annulment differs from a DIVORCE, a court order that terminates a marriage, since it is a judicial statement that there was never a marriage. A divorce, which can only take place where there has been a valid marriage, means that the two parties are no longer HUSBAND AND WIFE once the decree is issued. An annulment means that the individuals were never united in marriage as husband and wife.

Various religions have different methods for obtaining a church divorce, or annulment, but these procedures have no legal force or effect upon a marriage that complied with the requirements of law. Such a marriage must be legally annulled.

History

English