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If a party to the marriage is “at the time incapable of contracting from want of will or understanding” than the marriage may be subject to annulment.
A person can lack mental capacity if at the time of marriage they are unable to understand the “special nature of a contract of marriage, and the duties and responsibilities which it entails.” This could happen when someone is so intoxicated or mentally retarded that they are incapable of understanding what they did. If your wife lied to you about being pregnant, and you relied on that false representation in getting married to her, than you may qualify for an annulment.
Under Title II of Philippine family laws, a spouse can file for legal separation in court if the other spouse is sentenced to jail for more than five years; physically abuses her or a child in the household or attempts to marry another person.
Legal separation is allowed if one spouse has a drug or alcohol problem or is homosexual.
To most people, an annulment is just an easier and quicker way to end a marriage than to have to go through the stigma and stress of getting divorced.
The purpose of this article is to dispel some of the myths about marriage annulment in North Carolina and give some instances when an annulment would and would not be appropriate.
All marriages between persons under 18 are automatically voided by law, as well as a marriage performed by an unlicensed official.
However, if at least one of spouses believed the official had authority, the marriage is still valid.
Articles 35 to 38 set the conditions that void an existing marriage.Unfortunately, if you got married, moved in with someone, and then found out about all their nasty secrets that they kept hidden while you were dating and engaged, it doesn’t qualify you for an annulment.(A divorce from bed and board may be a possibility, however.) Whether or not you are eligible for a marriage annulment in North Carolina is going to be governed by statute and case-law.A marriage can be annulled if one spouse wasn't mentally sound at the time of the marriage or was forced into it, unless she continued living as husband and wife after regaining mental competence or the threat of force disappeared.Fraud on behalf of either spouse when agreeing to marry is grounds for annulment, as well as the discovery of an incurable sexually transmitted disease or permanent impotence.