Annulment

5. Annulment is also a way to dissolve a marriage. To qualify for an annulment, there are certain specific grounds that need to be met, which are different from divorce grounds. If such grounds are satisfied, the marriage is considered “voidable”. Meaning that technically the marriage should not be valid but can continue unless steps (e.g. annulment) are taken to nullify it.

6. Just like divorce proceedings, annulment proceedings will deal with the Ancillary Matters too. However, unlike divorce, annulment proceedings can be filed within 3 years from ROM. Also, unlike divorce proceedings, there is no “simplified” track for annulment proceedings.

7. Most commonly, parties use the “non-consummation” ground. In recent times, the Family Court has scrutinized the particulars relied upon to satisfy such grounds in annulment proceedings. So, be prepared for the Judge to ask you some very personal questions as he/she probes how genuine your application is.’

No one (not usually anyway) goes into a marriage wanting a divorce/annulment. Ending any relationship is never easy, let alone dissolving a marriage to someone you once committed your life to. But sometimes circumstances change, or factors which are out of your control (e.g. your spouse wants to end the marriage), may force you to re-evaluate your life choices. Dissolving a marriage should be the last resort, but if it has to be done, then it should be done with the right motivations.

2. There are various ways to go about dissolving a marriage (e.g. divorce / annulment). Which is the most suitable approach, would depend on your situation. Each option has different requirements and involves slightly different steps / processes. I will advise you on the various options, requirements, what to expect (i.e. processes, timelines, costs) as well as how best to handle your situation. I will also advise you on your rights / responsibilities in relation to the Ancillary Matters (i.e. custody, care & control and access, maintenance of spouse, maintenance of children and division of matrimonial assets).

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