ANNULMENT

Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment). For example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales. In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process. Despite its retroactive nature, children born before the annulment are considered legitimate in the United States and many other countries. The marriage annulments are closely associated with the Roman Catholic Church, which teaches marriage is a lifelong commitment and cannot be dissolved through divorce, but can be annulled if invalidly entered into.
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Annulment in the Catholic Church

Catholics consider a marriage a valid contract entered into between a man and a woman and God. The priest oversees the wedding but the marriage is performed by the man and woman to God. In simplest terms, it is necessary that it be marriage that is contracted, that it actually be contracted (i.e., a valid ceremony/contract be performed), and that both parties enter willingly into the contract. If any of these conditions lack, then the marriage is not contracted, Divine sanction is not obtained, and there is in actual (and religious) fact no marriage. An annulment is a finding later that there was no actual marriage contracted in God's eyes, and therefore no marriage in reality, regardless of civil ordinance or appearance to humans. Therefore, an annulment of a marriage is much more analogous to a finding that a contract of sale was invalid, and hence, that the property for sale must be considered to have never legally transferred possession, than analogous to a divorce, which is more like returning the property after a consummated sale. These four preconditions give rise to the common fourfold classifications for bases of annulment, defect of form, defect of contract, or unwilling or unable parties. The contract is defective in form if the marriage ceremony is invalid, such as the case of two Catholic persons being married outside of the Catholic Church. The contract is defective of contract if it was not a marriage that was contracted, such as if there was a defect of intent on either side. This can occur if either party lacked the intent to enter into a lifelong, exclusive union, open to reproduction. If either party was coerced, they lacked willingness, and therefore lacked intent.

If either party was married to another, they were unable to enter into the contract. Also, certain relationships of blood render the parties unable to enter into contract. Also, parties of the same gender are unable to enter into contract.

A "Declaration of Nullity" is not a dissolution of a marriage, but rather a determination of whether a marriage was valid, or contrary in some way to Divine Law as understood by the Catholic Church or contrary to the prescriptions of canon law regulating marriage. While some may try to use an annulment to get around the "no divorce" rule (see Christian views on divorce), that is not the reason the Church gives for the availability of annulment. According to the Church, an annulment affirms the Scriptural basis of divorce and at the same time affirms that in a true marriage, a man and a woman become one flesh before the eyes of God. The Church's teaching on marriage is that it is a Sacrament and that it is only validly contracted by the two individuals, so questions may arise as to whether that person is able to contract a valid marriage. In the Western tradition, the ministers of the marriage are the two individuals themselves, and the priest is a witness for the Church. For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed. In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. -Catechism of the Catholic Church #1629 Canon law presumes all marriages are valid until proven otherwise (Canon 1060). Marriages are declared null ab initio, meaning that the marriage has been essentially invalid from the beginning. This stipulation can cause concern that offspring from the marriage will be considered as illegitimate in the event of an annulment. Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children born in both recognized and putative marriages (those later declared null). Critics point to this as additional evidence that a Catholic annulment is similar to divorce although civil laws that recognized both annulments and divorce regard the offspring of a putative marriage as legitimate. An annulment verified by the Catholic Church is independent from obtaining a civil divorce, although before beginning a process in front of the Ecclesiastical Tribunal, it has to be clear that the marriage community cannot be rebuilt. Another exception occurs in some states, which recognise to the Catholic Church the right to perform marriages that are automatically transcribed to the civil records: in those countries, the annulment may be granted the exequatur and hence induce a civil divorce. This is for instance the case in Italy. If someone has all the signs of being married previously, he or she must get an annulment before entering into a marriage in the Catholic Church, even if the individual was not married in the Catholic Church previously. Catholics acknowledge the indissolubility of marriage for any persons who give themselves freely in the bond of marriage and recognize the marriages of other Christians in most cases. Privilege of the Faith cases (Petrine and Pauline) are exceptions. Pauline privilege: In a case where two non-baptized are married, and one of them becomes a Christian afterwards, and the

other will not get baptized and refuses to live in peace with the newly Christian partner, the marriage may be dissolved and the Christian partner is free to remarry in Church. This is not an annulment as the former marriage is not presumed to have been invalid. The Petrine Privilege is an extension of this privilege, with one of the partners baptized at the time of marriage A common misconception is that if a marriage is annulled, the Catholic Church is saying the marriage never took place. The parties to the marriage know that the marriage took place. The Church is saying that the marriage was not valid; the valid marriage is what did not take place.

Reasons for annulment

A reason for annulment is called a diriment impediment to the marriage. Prohibitory impediments (which no longer exist in the Latin Code, CIC83) make entering a marriage wrong but do not invalidate the marriage, such as being betrothed to another person at the time of the wedding; diriment impediments, such as being brother and sister, or being married to another person at the time of the wedding, prevent such a marriage from being contracted at all. Such unions are called putative marriages. Diriment impediments include: Consanguinity Insanity precluding ability to consent Not intending, when marrying, to remain faithful to the spouse (simulation of consent) One partner had been deceived by the other in order to obtain consent, and if the partner had been aware of the truth, would not have consented to marry Abduction of a person, with the intent to compel them to marry (known as raptus), constitutes an impediment as long as they remain in the kidnapper's power. Failure to adhere to requirements of canon law for marriages, such as clandestinity Killed the spouse of one of them in order to be free to marry. The spouse committed adultery. The couple were under the influence of alcohol or drugs at the time of the marriage. The union was not consummated.

Some impediments can be dispensed, in which the Church exempts a couple, prior to the marriage, to the obligation to conform to the canon law. While some relationships cannot have the impediment of consanguity dispensed, a marriage can be sanctioned between cousins. This renders the marriage valid, and so non-annullable. Again, if an invalid marriage has been contracted, and the diriment impediment can be removed, a convalidation or sanatio in radice can be performed to make the marriage valid.

Annulment in New York State

The cause of action for annulment in New York State is generally fraud (DRL 140 (e)). There are other arguments; see the Statute. Fraud generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendants statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL 144). The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered, or could reasonably have been discovered. A bigamous marriage (one party was still married at the time of the second marriage) cannot be annulled it is void ab initio (not legal from its inception). However, either party (as well as certain other parties) can petition the Court with an "Action to Declare the Nullity of a Void Marriage" (DRL 140 (a)). The Court, upon proper pleadings, renders a judgment that the marriage is void. There may be effects of marriage such as a property settlement and even maintenance if the court finds it equitable to order such relief.

Annulment in the state of Nevada

In Nevada, the qualifications for annulment include: a marriage that was void at the time performed (such as blood relatives, bigamy), lacked consent (such as, underage, intoxication, insanity), or is based on some kind of dishonesty. See also Nevada Annulment Statutes. To file actions based on fraud, you must have separated from your spouse as soon as you learned of the fraud. Annulments in Nevada require a residency of at least 6 weeks, including a signed witness statement of having been living in Nevada for that amount of time.
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Teenage Premarital Pregnancy

Pregnancy is one of the most important and responsible periods in life of a woman. Waiting for and delivering a baby is beautiful and exciting, but, at the same time, bringing a new person to this world is always accompanied with big changes, big efforts, with being dependent and not free, or with other significant upheavals. Thats why it is absolutely essential for a woman to be well-prepared for getting pregnant, for giving birth and for bringing up a child from all the positions: social, psychological, moral, economic, etc. Unfortunately, not every pregnancy is a result of planned decisions. Statistically, more than 50% of pregnancies in the USA are unplanned and unwanted. This amount includes overwhelming majority of premarital pregnancies, or pregnancies outside of marriage. Such concept strictly contradicts known social axiom, which says that every child must be brought up by joint efforts of both mother and father. That is why premarital pregnancy mostly causes harmful consequences, both for parents and for their children, and it reflects negatively on childs development, physical and psychological health, self-concept, etc. The issue about premarital pregnancy can be associated, first of all, with teenage pregnancy. In our times of free life-style it is quite easy for a teenage girl to become pregnant: after a sexual intercourse or after a rape incident, etc. As a rule, such premarital pregnancy is totally unexpected. Besides, many teenagers are still dependent on their parents, who are usually against early pregnancies and childbirths. That is why premarital pregnancy may result for a girl in psychological disorders, like stresses, depression, insomnia, or other difficulties. Also, it can be accompanied with smoking, alcohol abuse or taking drugs. More problems may take place, when the time of giving birth is getting closer. A young pregnant girl may feel afraid, confused, or frustrated. These feelings are usually caused by biological and psychological changes of female organism, which occur during teenage pregnancy. If such a girl is not properly ready for delivering a baby without support of husband, she may get extremely stressed after hearing the first cry of her child. She may start thinking that she got this heavy burden on her back too early, especially if she does not have help and support from her parents, too. In such a case, the young mother will consider this premarital unnecessary pregnancy to be a mistake of the whole life. So the early born child will never be taken as somebody wanted and welcomed, no matter what kind of future is waiting for him. And the most probable destiny of the child of such young mother is to be brought up by grandparents in young ages. Then he may become a stepchild of another man, mothers husband, and will have to learn to live with stepsiblings. As we all know from the books or our own experiences, such scenario rarely brings to happy and cloudless life of an early born child.

Besides, premarital pregnancy may deeply affect young men as well. Having learned that his teenage girl-friend is pregnant, the boy is forced to make a haste decision, whether to marry her or not. If he decided to marry, it may be just a required act, which is not supported properly by love and financial stability. Of course, such marriage will not be long-lasting and happy. The alternate decision (not to marry) may bring the boy into a state of depression, or cause feelings of guilt and, again, using drugs or alcohol. Such boy may lose interest in girls for very long time. In order to avoid all above mentioned negative consequences of unwanted pregnancies in young ages, parents and adults must carry out special educational trainings for the teenagers. It can be lectures in the schools and colleges about sexuality, sexual relationship and pregnancy (must be attended by boys and girls). Such lectures will make the teenagers familiar with the particularities of sexually active life, with contraceptives and protective means, and with possible consequences of pregnancy in young age. It is very important and topical in our times.

REACTION:
THE reason why I choose Annulment and Teenage Premarital Pregnancy is that, nowadays it is normal to have an early pregnancy to some of teenagers here in our country. And the sad part of this was those youth who did that was not ready enough to face the challenges that they will encounter in the moment that they commit sex. Some of them decided to get married just for the sake of the child. Then after a years, if their relationship doesnt work they will decided to end their marriage. But they were so selfish in that moment because they didnt realize that it will be the main cause why their child will rebel against them. The children were always affected and suffer in terms of separation of parents.

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