While most people know what a divorce is, an annulment is a less commonly known term that describes a similar legal process. In this month’s blog post we will explore the major differences between the two and exactly what should be understood about them before seeking representation and beginning their official legal processes.
Those who are hoping to be granted an annulment have to meet a certain criteria, otherwise by default they will have to instead file for a divorce. In order to qualify for an annulment both parties have to agree that the marriage wasn’t ever legal or legitimate in the first place. Couples who have been granted an annulment move forward as if their marriage never existed.
When a couple files for a divorce, it’s typically after an extended amount of time has passed since the marriage began and both parties have decided to part ways for any number of reasons. In a divorce both people have to agree on the fact that their marriage was always a legitimate union, however they also agree that it should not continue any further.
At the end of the day, both a divorce and an annulment effectively end a marriage. Some consider annulments much simpler processes because couples don’t have to go to court to divide their estates, pay alimony, or child support. If you or someone you know is seeking a highly skilled family lawyer who specializes in divorce and annulments, visit our website here.
When you sign a prenuptial agreement with your spouse, you
are agreeing to the terms written in the document. However, there are certain
situations where a prenup can be nullified. If there is evidence in the
agreement that can be challenged, you can talk to a lawyer to discuss any legal
questions or concerns you have about the contents of the document. Learn more about
the grounds you can use to nullify a prenuptial agreement.
contract is one that is so one-sided that it is unfair to one party
and therefore unenforceable under law. It is a type of contract that
leaves one party with no real, meaningful choice, usually due to major
differences in bargaining power between the parties. If a prenuptial agreement
is considered unconscionable in court, then the judge can void it.
Failure to Disclose
Both parties need to disclose any information regarding
wealth and assets. The reason behind this disclosure is to decide on the amount
of alimony or property division in the event of a divorce. If your partner hides
any personal assets or valuable interests, then there’s reasonable grounds to
challenge the prenup. You can state you were unaware of extra funds and other
properties before signing.
Law states “the courts will throw out a prenuptial agreement if a spouse
can prove that someone coerced him or her into signing the document. Coercion
can take the form of blackmail, threats, or simply undue pressure.” An example
of this can be if your partner had you sign the day before or on the wedding
and you didn’t have enough time to look at it thoroughly.
The lawyers at Family Law Richard E. Young & Associates
have many years of practice handling legal cases, including prenuptial
agreements. If you or a loved one needs to speak with an attorney, contact our family
law firm to get the legal assistance you need. You can also visit our website here for more