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Posted: February 15th, 2022
Family Law –Marriage
Title: Family Law –Marriage
An annulment is a form of marriage termination that follows a legal protocol . The procedure identifies that Marriage is null regardless of the period of Marriage or the children involved. An annulment is explicitly offered to those who do not believe in divorce. (Probert, R. (2018). The difference between divorce and annulment is; After cancellation, the spouse goes back to the same status they were before marriage .while after divorce, there is a share of properties and children as well as support for children.
Annulment states that the marriage was not valid, and it never existed while in divorce, the decision for termination occurs during the marriage process. Annulment process takes place if one of the spouses influenced the other in making a decision or the party was mentally unstable, Two parents can file an annulment if they were not aware of the responsibilities that come with Marriage for instance parenting skills. Health and physical wellbeing, for instance, if one of the parties is declared impotent or sick from HIV. Lastly, if there was gender-based violence and one of the parties had injuries.
Defence is allowed if mutual understanding and cohabitation after rectification of the issue is voluntarily; for instance, a party is treated and gets better from the disease. Plaintiff unfair acts and violation of defendant; therefore, the right to defend for annulment is considered in favor of the innocent party. When the annulment process designed to take place failed due to expired time period agreed upon an annulment cannot further proceed .The court offers a fair treatment if the party demanding for dissolution lied before the Marriage began. For instance, if one party claim to be sick after a while and demands for an annulment the defendant can request for a stop because the partner never disclosed about the sickness in the beginning. Cancellation is done for the sake of the Innocent party.
After an annulment, children are taken care of by the court and correct maintenance offered to them. The children may go ahead and identify their legal parents where they can claim compensation from their parents. Children compensation is through inheritance as well as support from the parents. Cases, where children are born out of wedlock, do not benefit unless demand for payment from legal parents is made. After the annulment, no share of properties is allowed unless the Marriage is validated in court. Share of property is granted in favor of the violated party as compensation for the damages.
References
Probert, R. (2018). Undoing the Marriage: The Resort to Annulment. After Marriage in the Long Eighteenth Century (pp. 21-40). Palgrave Macmillan, Cham.
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