Difference Between Annulment and Divorce

Overview and Key Difference

The key difference between annulment and divorce is that an annulment
declares a marriage null and void while a divorce legally dissolves a
marriage.

Marriage is one of the most important occasions and decision in life. For
most couples, that decision could become the perfect one, but for some, it
could be the worst decision in their life. For those who belong to the second
category, separation would be the best way to get out of marriage. Separation
requires a legal authority, which could be acquired either through an
annulment or a divorce. For many people, both of these terms may mean the
same i.e. the legal proceedings for dissolution of the marriage. This is
partially true since both proceedings involve the dissolution of the marriage;
however in a legal sense; annulment and divorce are completely different.
What is an Annulment?
An ANNULMENT is a legal procedure which
cancels a marriage between a man and a woman.
Annulling a marriage is as though it is
completely erased - legally, it declares that the
marriage never technically existed and was
never valid.
What is a Divorce?

A DIVORCE, or legal dissolution of a

marriage, is the ending of a valid marriage
between a man and a woman returning
both parties to single status with the ability
to remarry.
 REASONS FOR ANNULMENT
 Bigamy - either party was already married to another person at the time of the marriage
 Forced Consent - one of the spouses was forced or threatened into marriage and only
entered into it under duress
 Fraud - one of the spouses agreed to the marriage based on the lies or misrepresentation
of the other
 Marriage Prohibited By Law - marriage between parties that based on their familial
relationship is considered incestuous.

Mental Illness - either spouse was mentally ill or emotionally disturbed at the time of
the marriage.
 Mental Incapacity - either spouse was under the influence of alcohol or drugs at the time
of the marriage and was unable to make informed consent.
 Inability to Consummate Marriage - either spouse was physically incapable of having
sexual relations or impotent during the marriage
 Underage Marriage - either spouse was too young to enter into marriage without
parental consent or court approval
HOW ABOUT DIVORCE?
REASONS FOR DIVORCE
 Adultery - one or both spouses engages in
extramarital relationships with others during the
marriage.
 Adultery - one or both spouses engages in
extramarital relationships with others during the
marriage.
 Physical/Emotional Abuse – one spouse subjects
the other to physical or violent attacks or emotional
or psychological abuse such as abusive language,
and threats of physical violence.
Summary – Annulment vs
Divorce
In a legal sense, annulment and divorce are
completely different.
The key difference between annulment and
divorce is that an annulment declares a marriage
null and void while a divorce legally dissolves a
marriage.