What’s the difference between Divorce and Annulment?

There are two ways to legally end a marriage – Annulment and Legal Separation/Divorce.  

An annulment is a legal procedure which actually ‘cancels’ the marriage between a couple.  Annulling a marriage as though it is completely erased.  Legally, it states that the marriage never technically existed and was never valid.

Neither partner will be entitled to any share of their spouse’s finances, pension or any part of their estate for the rest of their lives or when they die. No financial support is relevant.  Child support payments for children born during an annulled marriage are dealt with separately.  A father’s rights to guardianship may be affected by annulment so this would require special attention.

The rate of annulment in Ireland has fallen over the last few years, assumingly due to the ability of couples to get a legal separation and divorce under the Irish constitution.  The highest number of annulments ever granted in Ireland was in 2004 when 459 couple marriages were annulled and the latest stats available show that number had dropped by over half in 2012.  We await the latest statistics from the 2016 census for updates.

There are two different types of annulment:  A church annulment and a legal annulment - both aimed at similar outcomes in that the marriage is deemed to never have existed.

Church Annulment:

A church annulment has no legal standing but allows recipients to remarry in a Catholic Church and take communion etc.  The Catholic Church grant annulments when they consider that there was something ‘gravely wrong’ at the time of the marriage, which stopped a valid marriage from being achievable.

Despite Divorce being a constitutional entitlement in Ireland, those who are Catholics and follow their religious beliefs, are not permitted to remarry in a church environment and are deemed to be living in sin if they do remarry, and may not take communion.

Legal Annulment:

A legal annulment decrees that the marriage never existed and falls into two categories - A void Marriage and a voidable Marriage

A void marriage is when the marriage is regarded as to never have taken place.  And A voidable marriage means it was actually a valid marriage until reasons presented themselves to deem it voidable.

Reasons include:

• One party was already legally married to someone else.

• One party was unable to enter into a contract at the time of marriage.

• A divorce in a short time frame after the wedding ceremony.

• Where the parties are too closely related by blood.

• Lack of fully informed consent such as under duress or undue influence, mental illness, proven fraud

• One or other parties are incapable of sexual intercourse.

• Proof of psychological or emotional incapability to sustain a ‘normal’ marital relationship.

Legal separation/divorce is a much more complex issue.  It acknowledges that the marriage was valid for the duration but is now seeking to be dissolved.  Both parties are entitled to part of the others estate and depending on circumstances are entitled to financial support.  Any property or marital assets owned by either party will be divided on divorce and either party may be entitled to part of the others pension, depending on the terms of the agreement.  Separation and divorce proceedings will settle issues such as financial and living arrangements, custodial issues, visitation rights and aim to satisfy the general welfare of all parties. Currently couples need to be living apart for 4 years before they can apply for a divorce.

If you’d like to share your annulment story, contact admin@separated.ie