Individuals who have been married for a short while might consider whether it’s better to go for an annulment or divorce. When thing end this quickly there is always an element of bitterness. Both individuals wish to get things over with as soon as possible. However, you need to determine whether annulment would work in your particular case or not.
Annulments are not a great deal different from divorces. An annulment is also a court order which can dissolve a marriage. However, unlike a divorce an annulment signifies that the marriage never existed in the first place. Getting an annulment is actually a bit difficult when compared to getting a divorce.
An annulment is granted only in the following cases
- When a person has been subjected to fraud, misrepresentation or concealing of facts. This can be associated when a spouse has failed to clarify their real age, any problems conceiving a child and if a spouse is already married but failed to get a divorce.
- Concealing something like having a previous drug habit, alcoholism, ongoing criminal activities are all instances when an individual can apply for an annulment.
- If an individual is unable to consummate the marriage, the marriage can immediately become null and void. In other words if one of the spouse refuses to have marital relations this can be a strong basis for annulment. However, this is applicable when and only there has been no sexual relationship in the marriage.
- General misunderstandings like refusal to have children by one spouse can also be considered a basis for annulment.
In other words an annulment can only take place if you have been married for a very short while. This pertains to marriages which have lasted no more than a few days to a few months. It is also easier to divide assets and businesses because they haven’t merged a great deal.
During an annulment all the property shared by the spouses is divided according to what it had been prior to the marriage. Any joint property like gifts etc. are divided equally. Also different states may have specific laws regarding an annulment.
If you have any questions regarding your eligibility for seeking an annulment, make sure you contact a good family lawyer in Gold Coast. They would be able to guide you through the complete process. There are some unusual legal requirements when it comes to seeking an annulment, this is why it’s important to hire a good family lawyer.
When choosing a family lawyer keep in mind that you should deal with a lawyer with whom you feel comfortable. Due to the sensitivity of the issue involving an annulment you need to have complete faith and confidence in your lawyer. You can try and talk to at least two or three people before deciding who you want to handle the annulment. Also choose someone who has a good reputation and who has been handling such cases in the past as well. Their experience would give them an edge and help you get an annulment much quicker.