Marriage and civil union are among the important steps a couple takes to express their love. However, like anything else, it may not always work as expected. Divorce? Possible… but the annulment of the marriage can also be a solution, in some situations!
Reasons to Cancel a Marriage
The reasons for cancelling a marriage or civil union are quite varied. It may be if one of the spouses was not of age, a problem on the part of the wedding officiant, the celebration of the marriage was not public, no notice of marriage was done, another previous marriage was still in place, no consent from a spouse, or one of the spouses suffers from incapacity or mental illness (in some situations).
Consequences If You Cancel Your Marriage
Let us be clear: it is not enough to cancel a marriage with a snap of the fingers. A procedure still needs to be followed with a legal advisor, such as a notary. Once cancelled, the marriage and all its effects will be erased. Cancellation also allows former spouses to separate the matrimonial or civil union regime; also, the family patrimony can be shared.
Difference Between Cancelling Your Union and Divorce
Often confused, annulment and divorce have their differences. The marriage annulment requires very specific conditions such as those mentioned above (incapacity, wedding officiant who doesn’t do his job properly, no public posting, etc.). But if the cancelling condition does not appear, then the divorce is the only solution.
The dissolution of a marriage or civil union applies if one of the two spouses dies or if they decide to divorce or dissolute their civil union. Therefore, the family patrimony as well as the matrimonial regime must be shared. The court may also be called upon to decide on custody of the children in addition to support for former spouses in the event that they decide to divorce.
Amicable divorce possible?
If you do not cancel a marriage, it may be possible to make an amicable divorce. This is much faster and more affordable than a traditional annulment or the divorce in adversity… Indeed, the couple must have been separated for more than a year, without any hope of resuming their life together and will have to agree on the division of property, custody of the children and the payment of a pension. Of course, it is always strongly recommended to use a family mediator and a legal adviser (notary, lawyer).
For several reasons, a couple can request a marriage annulment. Without being without consequence, mostly for the children, the marriage will be completely erased, and the family patrimony will be shared between the spouses. The main difference between annulment and divorce is that annulment requires quite specific conditions to be met. Otherwise, the spouses may divorce.
Speaking of divorce, it is possible for the couple to do everything amicably. If they have been separated for more than a year and reconciliation is impossible, they can agree on the division of property with a notary and divorce. It’s faster and cheaper than a nasty divorce in a adversity mood!
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