Law4u - Made in India

What Is The Difference Between Annulment And Divorce?

Answer By law4u team

Annulment and divorce are legal processes that terminate a marriage, but they differ significantly in their grounds, procedures, and implications. While a divorce ends a legally valid marriage, an annulment declares that the marriage was never valid from the outset.

Definition Of Annulment And Divorce

  • Annulment: A legal declaration that a marriage was invalid from the beginning due to specific legal grounds, such as fraud, coercion, or incapacity.
  • Divorce: The legal termination of a valid marriage, acknowledging its existence but ending the marital relationship due to irreconcilable differences or other grounds.

Key Differences Between Annulment And Divorce

  • Legal Status:
    • Annulment: The marriage is considered void or voidable, meaning it is treated as if it never legally existed.
    • Divorce: Recognizes the marriage as valid but legally dissolves it.
  • Grounds:
    • Annulment: Includes fraud, bigamy, underage marriage, mental incapacity, coercion, or inability to consummate the marriage.
    • Divorce: Includes adultery, desertion, cruelty, irretrievable breakdown of the marriage, or mutual consent.
  • Effect On Marital Status:
    • Annulment: Restores the parties to their pre-marriage status, as if the marriage never existed.
    • Divorce: Ends the marriage but acknowledges its existence in the past.
  • Property And Child Custody:
    • Annulment: Property division and custody matters may be less complex since the marriage is void.
    • Divorce: Typically involves detailed settlements regarding property division, alimony, and child custody.

Legal Grounds For Annulment

  • Fraud: One spouse misled the other about significant aspects of the marriage, such as intent to have children or concealed facts like an existing marriage.
  • Bigamy: One spouse was already legally married to another person.
  • Underage Marriage: One or both spouses were below the legal age for marriage.
  • Incapacity: Mental incapacity or lack of consent due to coercion or intoxication.

Legal Grounds For Divorce

  • Adultery: Infidelity by one spouse.
  • Desertion: One spouse abandons the other without a valid reason.
  • Cruelty: Physical or mental abuse causing harm to the spouse.
  • Irretrievable Breakdown: Incompatibility or inability to resolve marital differences.

Example

If a person discovers that their spouse was already married at the time of their marriage, they may seek an annulment on the grounds of bigamy. On the other hand, if a couple decides to separate after years of conflict and lack of compatibility, they would file for divorce. Both processes require legal documentation, but their outcomes differ significantly in terms of marital status and implications.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Satyajit Das

Advocate Satyajit Das

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Vinayak Upadhyay

Advocate Vinayak Upadhyay

Anticipatory Bail, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, Supreme Court

Get Advice
Advocate Raghav Agrawal

Advocate Raghav Agrawal

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Court Marriage,Criminal,Documentation,Family,High Court,Labour & Service,Landlord/Tenant,Motor Accident,NCLT,Property,Recovery,Succession Certificate,Supreme Court,

Get Advice
Advocate Abdul Majid

Advocate Abdul Majid

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Muslim Law, NCLT, Recovery, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Vikash Kumar

Advocate Vikash Kumar

Consumer Court, Criminal, Anticipatory Bail, Civil, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Property

Get Advice
Advocate Sagar Vijay Dhivare

Advocate Sagar Vijay Dhivare

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Srinivas Guvva

Advocate Srinivas Guvva

Anticipatory Bail, Motor Accident, Trademark & Copyright, Criminal, Civil

Get Advice
Advocate Dhanraj Jitendra Khosla

Advocate Dhanraj Jitendra Khosla

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Documentation, High Court, Domestic Violence

Get Advice

Family Law Guides Related Questions

Discover clear and detailed answers to common questions about Family Law Guides. Learn about procedures and more in straightforward language.