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Jan. 13, 2004 A Primer on Annulment Target Audience: (Unhappily?) Married people, lower middle class up. On Jan.4, 2004, rumors circulated that pop star Britney Spears got married to her childhood friend in Louisiana. Even before it was confirmed, they were filing for annulment. Evening of Jan. 5, the annulment was granted. Their marriage lasted barely 55 hours. What exactly does annulment do to marriage? What is annulment? An annulment is a court procedure that dissolves a marriage. It treats the marriage as though it never happened because one or both parties lacked the necessary freedom, understanding, or ability. According to "The 'Lectric Law Library's Lexicon," an annulment is a legal decree that states that a marriage was never valid. An annulment has the legal effect of wiping out a marriage as though it never existed. What are other ways of dissolving a marriage? Under the 1998 Family Code, there are two other ways to change the status of marriage aside from annulment. These are legal separation and declaration of nullity of void marriages. In other countries, as well as our Muslim brothers, divorce is accepted. What are the differences of these from annulment? Legal separation does not end a marriage. The grounds for this arise only after marriage so the marriage is considered valid. The separating spouse will be living under two different roofs but both of them can never remarry. An action for declaration for nullity of marriage is oftentimes confused with an action for annulment. While both severe marital ties, the grounds differ. In declaration of nullity, something was not legally right in the marriage from the very start, and so it is void to begin with. Divorce, like legal separation recognizes the validity of marriage. Unlike legal separation though, divorce ends the marriage and allowed both spouse to remarry again. | click here for full article | previous | back to writings

copyright 2004 by jennifer c. estrada university of the philippines diliman, quezon city