Marriage nullification or more commonly known as ¡°annulment is a legal process wherein a court affirms that the marriage ¡°never legally existed. Annulment must have a compelling basis, such as fraud, physical incapacity to consummate marriage, mental illness, bigamy, lack of marriage consent for underage, and forced consent. The children of an annulled marriage for mental illness or bigamy are legitimate. The court can award children custody in annulment cases, as well as require child support and support of a spouse.

Annulment, divorce, and separation
While these three can sound the same, they are different in certain aspects. Annulment is not divorce. Divorce is a case filed for ending an ¡°otherwise legal marriage as of a particular date. It usually involves a division of marital debts and property, child custody, awarding spousal and child support, and child custody. Divorce happens if either the wife or husband is able to prove the grounds or requirements to end their marriage.

On the other hand, separation can mean either the date of ¡°legal separation or physical separation, or the judgment of physical separation. Legal separation triggers vital legal issues connected to debt liabilities and property rights. It also resembles divorce wherein debts and property are typically divided, as well as support and custody rights are awarded; however, spouses still remain married and can't remarry. They both can still file joint tax returns, and can be included as dependent on a health insurance.

The grounds for annulment are limited to insanity, bigamy, and fraud. There will be certain legal tests in order to meet the criteria. Either the wife or husband can file for annulment if any of the party will be able to show the vital elements for nullification of marriage.

Elements for Annulment
There are specific important elements that will count as a ground for the nullification of a marriage.

1. One of the party has had another wife or husband alive during the time of marriage;
2. Either of the spouse of below sixteen years old during time of marriage, and didn't have court approval;
3. Either of the spouse was 16 or 17 at the time of marriage, and without parental consent. The annulment action must be filed within sixty days after marriage.
4. Either of the spouse was ¡°mentally incompetent or not able to consent at time of marriage;
5. One of the parties was forced or threatened to marry;
6. One of the parties agreed to marriage based on ¡°fraudulent actions or statements given by the other party;
7. One of the party was incurably and physically important at time of marriage, except if the other spouse was aware of the impotence before they got married;
8. Either of the spouses was under the influence of alcohol or drugs at time of marriage. The annulment must be filed within sixty days after the marriage;
9. The marriage is one that is ¡°prohibited by law because of the relationship of the parties.
   

The annulment grounds can also be set forth through decree or common-law grounds. There are particular common-law grounds, and they include the following: undisclosed ¡°prior marriage; a party isn't legally divorced or denied the right to remarry after the divorce; divorce decree violation; under age of consent; proxy marriage, blood relationship; mental incapacity; temporary insanity; and intoxication.

When to file for annulment
Any action for annulment must start at a specific time. The ¡°time limit for filing an annulment case will depend on the kind of marriage. If you're not sure of the time limit for starting an annulment case, seek legal help in your local place.

Annulment is different from divorce. Unlike divorce, it can limit a spouse's ability to share marital estate or get spousal support. If you're considering annulment, it is important to seek legal advice to determine if you have strong grounds for nullity of marriage.

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