|
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〔Report on Family Law (Scot Law Com No 135, 1992): http://www.scotlawcom.gov.uk/download_file/view/446/ See paragraph 8.23."In English law a decree of nullity in respect of a voidable marriage now has prospective effect only. It operates "to annul the marriage only as respects any time after the decree has been made absolute, and the marriage shall, notwithstanding the decree, be treated as if it has existed up to that time.""〕). In legal terminology, an annulment makes a void marriage or a voidable marriage null.〔John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, ISBN 978-0815629085, pp. 33-34〕 ==Void vs voidable marriage== A difference exists between a ''void marriage'' and a ''voidable marriage'' . A void marriage is a marriage which has no legal recognition (was not legally valid in the first place, i.e. is void ''ab initio''). Such a marriage is automatically null, although a ''declaration of nullity'' is required to establish this. The process of obtaining a declaration of nullity is similar to an annulment process. Despite its retroactive nature, children born before an annulment are considered legitimate in many countries. Reasons for a void marriage may include, depending on jurisdiction, consanguinity (incestual marriage), bigamy, group marriage, child marriage.〔http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS〕〔https://www.gov.uk/how-to-annul-marriage/when-you-can-annul-a-marriage〕 A voidable marriage is a marriage which can be canceled at the ''option of one of the parties''. It is a valid marriage, but is subject to cancellation if contested in court by one of the parties to the marriage. The validity of a voidable marriage can only be made by one of the parties to the marriage; thus, a voidable marriage cannot be annulled after the death of one of the parties. A marriage can be voidable for a variety of reasons, depending on jurisdiction. Forced/coerced marriages are usually voidable. In countries where marriage law is influenced by religion (especially Roman Catholicism) there can be numerous reasons for a marriage to be voidable (see section below). The principal difference between a void and voidable marriage is that, in the case of the former, because it is invalid from the beginning, it can be voided ex-officio; while in the case of the latter it is only the spouse himself/herself who can ask for an annulment (in some cases such as if the spouse is a minor or mentally disabled a third party representative such as a parent, legal guardian or child protective service can start an annulment acting as the legal representative of said spouse). These differences are very relevant, because they represent the official policy on issues such as forced marriage for instance: if such marriage is classified legally as void - then the state can cancel it even against the will of the spouses; if it is voidable - then the state cannot act in the absence of an application by a spouse even if the state knows the marriage is forced.〔http://ubplj.org/index.php/dlj/article/view/935〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「annulment」の詳細全文を読む スポンサード リンク
|