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In some rare circumstances, a marriage may be declared "void" or a "nullity," meaning that it was never a valid marriage. Upon receipt of such a decree it is as if the parties were never married and they do not need to divorce. Despite this being a relatively obscure and rarely used area of our law, our lawyers have quite a bit of experience with annulments. The following are the most common grounds for a decree of nullity being granted (an asterix * indicates those grounds that our lawyers have successfully advanced in annulment cases in the past):
This list of grounds for annulment is not complete, as there are other scenarios where the legal requirements of marriage are not met. For example, consent is a legal requirement for a valid marriage, and there may be circumstances other than duress where consent was not given, such as a mistaken belief that the marriage ceremony was not a marriage ceremony. The best approach is to consult a lawyer with experience in this area.
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