To put it mildly, relationships are complex, even the most stable relationships undergo extreme highs and lows over the course of their relationship. Thus, whether you find yourself wondering, “Do I need a divorce?” then realise that you’re not the only one wondering like that. The results of a 2015 poll show that 50 per cent of those who are married have considered divorce. However, deciding whether or not to divorce is totally up to you, and there are several factors that will ultimately determine whether or not you either work through your problems or end your marriage.
Certainly, there are a couple of indicators that your marriage is on its way out, such as marital disloyalty, poor communication, or toxic conduct. However, most of the indicators that you need to divorce are way too subtle and might take a while for you to notice and comprehend.
Obviously, the mere fact that you recognize some of these indicators doesn’t mean you need to hire Marriage Lawyers in Dubai at once. Most of these indicators could suggest a situation requiring support, such as from your pal, family member, or even someone as a marriage counsellor, to help your spouse and you to resolve the problems. Marriage counselling may not quickly fix your marriage, however, it can offer you the tools you need to turn your future relationships more fulfilling, joyful and lasting.
What Does Marriage Annulment Mean?
In the dictionary, an annulment of marriage is defined as nullifying or revoking an agreement, outcome, or decision. But, legally speaking, it is a legal process that annuls the marriage between two individuals … two people, as if the relationship didn’t exist at all. Many people equate annulment of marriage with the term divorce as both lead to marriage dissolution, however, they use two entirely different processes to accomplish it.
Basically, the major distinction between annulment of marriage & divorce is that for annulment of marriage, the law treats the couple’s marriage as if it had never taken place legally, even though a record of it and the annulment exist in public records. When it comes to divorce, it ends the marriage, however, acknowledges the existence of marriage.
Besides, annulment grounds differ from those for getting a divorce. Usually, Marriage is challenging to annul since annulments are merely granted under specific conditions. Below those reasons will be discussed in more detail.
So, if both you and your partner are contemplating about the annulment of marriage, then you might want to talk to a family law attorney primarily, to determine its possibility. And not in every circumstance, annulment is available. Moreover, there are certain jurisdictions that have such stringent regulations on when an annulment is allowed that instead, a divorce may be required. An attorney can offer assistance with the divorce process too.
How Does a Person Obtain an Annulment?
To get an annulment, you and your spouse should meet the procedural needs outlined in the laws of the state where the wedding took place. But, typically, annulment of marriage typically require the below steps:
- Primarily, you and your spouse need to assure that you are entitled to apply for a petition for an annulment. Like stated earlier, only specific grounds may warrant an annulment. Such grounds are elaborated in the below section.
- Secondly, you should complete the forms for marriage annulment, which you can obtain from your local family courthouse.
- Next, upon completing the form, the petitioner must serve them on his or her spouse and afterwards submit proof of service at the family courthouse where previously the original annulment forms were filed.
- Once the spouse replies to the petition for marriage annulment and no counterclaims are present, the court will decide when to hear the case to discuss the annulment.
- Based on the facts as well as/or the laws of the particular jurisdiction, it is likely that additional evidence will be requested to prove the need for annulment. Whether no more details should be discussed, then the court will sign as well as publish a Decree of Annulment, to be submitted to the court clerk to complete the procedure of annulment.
Are There Grounds for Annulment?
Like stated earlier, the parties need to comply with certain annulment requirements, prior to getting an annulment of their marriage. Simply put, being unhappy with your marriage and partner, does not qualify you for annulment of marriage. Consequently, an annulment may be warranted for the following reasons:
Incest- The crime of incest involves the establishment of a sexual liaison between individuals with blood relations. Consequently, wedlock with a person closely related by blood would be against the incest laws, which would offer grounds for annulment as a marriage conceived unlawfully violates general contract law principles.
Bigamy: It is an offence of marrying a person while he/she is already married to another person. But similar to incest, The illegality of bigamy continues to be one of the main grounds to qualify for an annulment as it is unethical.
Coercion: In the context of a marriage, the act of threatening or forcing done by an individual on their spouse, in order to get married. Like that of incest and bigamy, a coerced marriage is unlawful as it breaks general contract law principles and thus makes the marriage void. Thereafter, the couple can file a petition to annul the marriage.
Misrepresentation/General Fraud: An annulment may be appropriate in cases under which fraud or misrepresentation led to the marriage. Even if there exist several forms of fraud, it usually happened if one individual persuades another individual to marry them by deceiving them with false claims that would otherwise dissuade them from agreeing to marry at first.
Mental Impairment: One of the fundamental prerequisites of getting married is that both individuals need to be aware of the marriage concept and need to willingly and knowingly agree to marry. Thus, when the marriage takes place, either party lacks the ability to understand what marriage is, it can be grounds to annul the marriage.
Additionally, the requirements for annulling a marriage will differ depending on the laws and the specific situation surrounding the couple’s petition for annulment.
In the Event of an Annulment, What Happens?
Upon granting of annulment, it will be as though the partners had never been married. Based on the laws, this implies that items, namely finances, property, assets will be divided based on the property laws. As a result, separate property may be divided among the respective owners, but shared property may have to be distributed equally between both parties. A couple will also have to determine child support and custody arrangements as an annulment is essentially the same as a divorce in this regard. Case in point- the couple should decide how to raise their children if they conceive them while they are married as they will still be regarded as parents and will have to take care of them.
Is There Any Other Option Besides Annulment?
Couples may also choose from other options for ending their marriage besides an annulment:
- Divorce
- Marriage dissolution
- Separation under the law
- Arbitration
- Couples therapy
About GH International
GH International is duly licensed to render business, corporate and legal services in the UAE with locations in Fujairah, Iraq, and London. In addition to serving and representing local companies and individual clients, we also assist foreign companies and individuals. Our solid areas of practice include corporate law, labor law, banking law, family law, criminal law, insurance law. Our team of Marriage Lawyers in Dubai, Legal Consultants in Dubai, Family Lawyers in Dubai, and more work together toward a single objective, our client’s success.