Grounds for Marriage Annulment

A marriage annulment legally ends a marriage. An annulment is considerably different than a divorce or separation because an annulment makes it as though the marriage never occurred. However, not all marriages can be annulled. In order to have an annulment granted, certain criteria must be met.

1. Age Could Be a Factor

   • An annulment will be granted by the court if an individual is not of legal age of consent. However, if the underage individual reaches adult age before seeking an annulment, an annulment is unlikely to be granted.

   Incest Grounds of Annulment

   • Most incestuous marriages--a marriage between blood relatives--are eligible for annulments. In most states, an incestuous relationship is considered to be people with blood relations closer than second cousins.

   Mental Incapacity

   • Getting married while mentally incapacitated can be grounds for annulment. This can refer to incompetence or being in a chemically altered state. If a person is under the influence of drugs or alcohol at the time of the marriage ceremony, the marriage could be annulled.

   Fraud and Annulments

   • Fraud or deception can provide justification for an annulment. According to attorney Aaron Larson of the website expertlaw.com, this can sometimes, but not always, cover an inability to produce children, a criminal history or an infection with a sexually transmitted disease.

   Can't Be Forced

   • If someone is forced, coerced or put under duress to marry, the marriage can be annulled because the marriage was not undertaken by a person operating on his or her free will.

   Religious Annulment

   • A religious annulment is another type of annulment and grounds are similar to those of a civil annulment. This type of annulment is granted by a church instead of the court and is not necessarily legally recognized by the state.
     
     
     

Legal Principles to Determine a Marital Separation

A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody. A marital separation agreement may be drawn before or after you have filed for divorce even while you and your spouse are still living together.


The only grounds on which a marriage may be dissolved in New Zealand is irreconcilable differences. To apply for a dissolution, the parties must have been separated for at least two years prior to the application for dissolution. No legal method is available to shorten the two-year separation requirement, even if the parties agree.

Separation Order

• In New Zealand, when a married couple or civil union partners decide to separate, one of the parties may apply to the Family Court of New Zealand for a separation order. This is an official order of the court that will indicate exactly when the parties legally separated. A separation order may be used as evidence of when the required two-year separation began.

Separation Agreement

• New Zealand also recognizes separation agreements. A separation agreement can be verbal or it may be in writing. Unless the division of property is part of the agreement, the agreement does not have to involve lawyers. The advantage to a written separation agreement is that it will establish the date of initial separation if the parties later decide to file for a dissolution.

Declaration

• If no separation order or separation agreement was entered into by the parties, then the party making the application for dissolution of marriage may indicate on the application that the parties have been separated for the required two-year period and indicate on what date the parties began the separation period.
  
  

  Why is a Marital separation agreement important?

  If you have no marital property, no joint debts, and no children, you probably don't need a marital separation agreement to get a no-fault divorce. However, if you want to provide for the future governance of your relationship, as well as provide additional evidence to the court about the day that you separated, you should have a Marital Separation Agreement. An agreement leaves no doubt about the details of the ending of your marriage relationship. It is better to have a clearly written agreement, rather than rely on verbal understandings.
  

  Do I have to file a Marital Separation Agreement with the court?

  When you initially execute your Marital Separation agreement you do not have to file the Agreement with the Court to be effective. When you begin the divorce proceedings you will, in most jurisdictions, attach the Marital Separation Agreement to the complaint and ask the court to merge, but not incorporate, the Agreement into the final judicial decree. If the Marital Separation Agreement is incorporated into the decree, it becomes a court order and is enforceable by the court's contempt powers. If you don't incorporate it into the decree, it simply becomes a contract between you and your spouse, which you later have to sue in a separate action to enforce. If the separation agreement is not incorporated into the divorce decree, and your spouse violates the agreement you can still seek money damages for the violation of the agreement, but it is easier and faster if the agreement is incorporated into the divorce decree.
  
  
  

  What is the difference between a contested or uncontested divorce?

  Divorces are either contested or uncontested. Contested divorces are those in which the respondent disputes any issue in the case - the divorce itself, the property division, child custody, alimony, etc. Uncontested divorces fall into two categories - (1) Consent Divorces - the parties agree on all major issues; and (2) Default causes - where the respondent fails to appear to contest the divorce or any issue in it, either because he or she chooses not to oppose it, or because he or she cannot be located. By entering into a Marital Separation Agreement you make your divorce an uncontested divorce.
  
  

  How long are the parties bound by a Marital Separation Agreement?

  A separation agreement is a legal document that will bind you through many years and determine your rights, obligations, and responsibilities from your marriage. You and your spouse can amend the agreement if you both consent to the changes; or it can be modified by a court order, provided the agreement does not specifically state that the agreement is not subject to any court modification. Nevertheless, the court can always modify provisions in an agreement regarding the care and custody of any minor children.
  
  

  Do the courts review the fairness of a Marital Property Settlement Agreement?

  In an uncontested divorce, the court nearly always approves the agreement of the parties if it is generally fair and the court is convinced that the agreement was entered into by both spouses without fraud or coercion. Often the court may want to review financial affidavits attached to the agreement in order to determine its fairness.
  In negotiating your agreement, you should be guided by how a court is likely to divide your property, award custody and child support, and deal with other issues.
  

Legal Separation Agreement Vs. Decree of Separate Maintenance

Neither a legal separation agreement nor a decree of separate maintenance legally ends a marriage. The separation states that you will live apart, and the decree states what you are responsible for and what you can expect from your spouse during your separation. Responsibility for the separation does not need to be determined for either action.

1. Legal Separation

   • When you file a legal separation, you wish to live apart from your spouse. This does not inherently mean you want a divorce, but that you no longer want to reside together. It is also the first step in getting a divorce. A legal separation may be preferable to divorce to protect health insurance and encourage reconciliation. Some states, such as California, require a time of legal separation before a divorce can be finalized. The parties must live apart. If they move back in together, the action is dismissed.

   Decree of Separate Maintenance

   • The decree of separate maintenance outlines the rights and responsibilities of each spouse while they are living apart. This decree is enforceable in court through contempt power. Alimony and child support can be sought through a decree of separate maintenance. Custody and property division are also determined. Also, you do not have to live at separate residences, but you must be in separate beds. No pending action for divorce is required for this decree. The judge does not settle disagreements in court. The parties individually settle disputes.

   Divorce

   • If a decree of separate maintenance is established and support is determined, it changes to a support order or agreement for a specified period of time when the divorce is finalized. Even if the dissolution is not final, the decree of separate maintenance may be ordered. Spousal and child support may change during the divorce proceedings. During the divorce proceedings, property rights and transfers also become final, and may change from the decree of separate maintenance.

   Terms

   • Both the separation and separate maintenance agreements must be in writing. Oral agreements are not valid. Any payments made under the agreement are treated as alimony and called temporary maintenance or alimony pendent lite, even if the decree is not enforceable. These payments are tax-deductible unless they are made prior to a formal, written decree. In Utah, separate maintenance can be sought only in the case of abandonment, refusal to support, separation that is not one spouse's fault and imprisonment.

Purpose of Prenuptial Agreement

The use of prenuptial agreements is allowed in every state. These contractual agreements between prospective spouses are typically used to plan for what happens in the event a couple divorces or separate. Prenuptial agreement's can cover a wide range of issues and circumstances.

1. Basis

   • Premarital agreements, sometimes referred to as prenuptial agreement or "prenups," can be used by anyone before getting married. These agreements are based in contract law, and as long as both parties agree to the terms they can generally include any provisions that do not violate the law.

   Property

   • Prenuptial agreements are often used by couples to determine how property gets divided in the event of a divorce. They can also be used to determine how property can be used during the course of the marriage. For example, a prenuptial agreement can state that the spouses are entitled to use independent checking accounts during the course of the marriage, even though it can also provide that all marital assets are to be split equally in the event of a divorce.

   Support

   • Premarital agreements often determine matters of marital support, sometimes referred to as alimony, apart from matters of property. For example, a premarital agreement can be made such that the spouses are only entitled to receive the personal property they had before entering the marriage, and an equal portion of the marital property. However, it can also provide that one spouse is owed a specific amount in monthly marital support payments aside from any property.

   Fault

   • Premarital agreements can also be used to place restrictions or contingent clauses on the marriage. Because many states have "no-fault" divorce laws, prenuptial agreements can be used as the basis for fault claims. For example, a prenuptial agreement can have an adultery clause providing that the wife receives specific compensation in the event of the husband's infidelity, even if the state law provides for no such fault remedy.

   Inheritance

   • Prenuptial agreements can also be used to ensure children receive inheritance rights. For example, a wife can use a prenuptial agreement to ensure any children of the marriage will not be left without property or income in the event the wife dies.

Separation Agreement

    By this situation it came to the point that this spouses will undergo to a separation agreement.

      Married couples who decide to end their marriages often file a marital separation agreement prior to their actual divorce.

1. Definition

   • According to the reference, "Marital Separation Questions," a marital separation agreement is a document that is composed by a husband and wife and sets forth terms pertaining to various matters of their marriage.

   Contents

   • The marital separation agreement often includes decisions such as the division of property and other assets, alimony or maintenance payments, debt division, and which spouse is allowed to live in the family home.

   Legal Assistance

   • You may enlist the aid of an attorney to help you and your spouse with the details of the agreement. According to the reference, "Filing A Marital Separation Agreement," a lawyer can help you with the various legal processes as well as whether to file the agreement in court.

   Time Frame

   • A separation agreement has no specific expiration date and can last for years, according to the source, "Marital Separation Agreements." During this time, you and your former spouse can modify the agreement, provided you both agree to the modification. It can also be modified by the court unless the agreement does not allow it.

   Divorce Proceedings

   • A marital separation agreement is almost always approved by the court during uncontested divorce proceedings, provided the agreement is fair and neither forcibly nor fraudulently drawn up.

Causes of Marriage Separation

CAUSES OF MARRIAGE SEPARATION

Marriage separation is devastating, but try to look at it as a time of reflection and healing. There are many causes for a separation, and knowing the main problems in your marriage is essential in preventing your separation from turning into a divorce. Work together to solve the problem and seek counseling if you feel you need the help of a professional.

    

     This kind of picture are the most cause of marriage separation having a two women in a one man.

 

Marriage separation is devastating, but try to look at it as a time of reflection and healing. There are many causes for a separation, and knowing the main problems in your marriage is essential in preventing your separation from turning into a divorce. Work together to solve the problem and seek counseling if you feel you need the help of a professional.

1. Money

   • Money can't buy happiness, but it sure can help a marriage. Money, or lack thereof, is one of the leading causes of marriage separation. Stress from not being able to pay the bills makes partners snap at each other. Also, spending money without your spouse knowing causes resentment and anger. This is especially true if you are unable to pay your debts because of excess spending.

   Infidelity

   • Sadly enough, cheating is prevalent among married couples. It is estimated that infidelity has occurred in nearly 80 percent of all marriages. This percentage is higher than earlier years, mostly due to the Internet. It isn't hard to find someone to have an affair with in cyberspace. The devastation, heartbreak and loss of trust are difficult obstacles to overcome once a spouse has cheated. Infidelity often leads to marriage separation and ultimately divorce.

   Communication

   • A married couple is a team, and to be a successful team there must be communication. Lack of communication is a big factor of marriage separation. Without communication, expectations, likes, dislikes and dreams will all go unsaid. It is difficult for a marriage to flourish if you or your partner feels unsatisfied. If something is bothering you, speak up. When your partner voices her concerns, listen and figure out a plan of action together.

   Addictions

   • Addictions are tough to overcome and they often end up hurting everyone involved. Drugs, alcohol and even porn are all major factors in marriage separation. Drugs and alcohol can cause your partner to become violent and also diminish your savings. A porn addiction may cause your spouse to feel inadequate, leading to the demise of your sex life. Spouses of addicts often feel helpless because the addict has to want to get help for himself in order to be cured.

   Sex

   • Let's face it, men generally have a much higher sex drive than women. Because of this, sex plays a major role in marriage separation and divorce if the couple doesn't come to an agreement. It is important to understand any underlying problems, such as sexual abuse or hormonal issues, that might be inhibiting your partner. If you are so inclined, a specially trained sex therapist usually works wonders for intimacy issues.

Legal Separation

Legal separation (sometimes "judicial separation", "separate maintenance", "divorce a mensa et thoro", or "divorce from bed-and-board") is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally binding consent decree. The most common reason for filing legal separation is to make interim financial arrangements, such as deciding who will pay bills, possess property, and whether alimony is appropriate, prior to a divorce. These financial arrangements are actually what the term "separate maintenance" refers to, and "separate maintenance" is not a synonym for "legal separation".







       

Effects of Separation

Attachment and separation: these elemental forces drive the behaviors and decisions that shape every stage of practice. Assessment, removal, placement, reunification, adoption—no aspect of child welfare social work is untouched by their influence. This article will describe these forces and provide suggestions for helping children and families understand and cope with them. 

Attachment is the social and emotional relationship children develop with the significant people in their lives. An infant's first attachment is usually formed with its mother, although in some circumstances another adult can become the primary attachment figure. This may be a father, a grandparent, or an unrelated adult (Caye, et al., 1996).

Attachment is a process made up of interactions between a child and his or her primary caregiver. This process begins at birth, helping the child develop intellectually, organize perceptions, think logically, develop a conscience, become self-reliant, develop coping mechanisms (for stress, frustration, fear, and worry), and form healthy and intimate relationships (Allen, et al., 1983).

In her 1982 article on parent-child attachment, published in the journal Social Casework, Peg Hess states that three conditions must be present for optimal parent-child attachment to occur: continuity, stability, and mutuality. Continuity involves the caregiver's constancy and repetition of the parent-child interactions. Stability requires a safe environment where the parent and child can engage in the bonding process. Mutuality refers to the interactions between the parent and child that reinforce their importance to each other.

Research has demonstrated that two primary parenting behaviors are most important in developing an infant's attachment to a caregiver. Optimal attachment occurs when a caregiver recognizes and responds to the infant's signals and cues, meeting the infant's physical and emotional needs; and when the caregiver regularly engages the child in lively social interactions.

Studies of infants raised in institutional settings suggest that neither behavior alone is sufficient for secure attachment. For example, one study found that institutionalized infants failed to form strong attachments to caregivers who readily met their physical needs but did not engage them in social interaction. Conversely, social interactions alone are not enough: infants often form social attachments to brothers, sisters, fathers, and grandparents who engage them in pleasurable social activity. Yet, when they are tired, hungry, or distressed, they often cannot be comforted by anyone other than the caregiver who has historically recognized and responded to their signals of physical and emotional need (Caye, et al. 1996).

Property Settlement

 

 

           A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle and often struck against a sound block to enhance its sounding qualities. It is a symbol of the authority and right to act officially in the capacity of a chair or presiding officer.^[1] It is used to call for attention or to punctuate rulings and proclamations. It is customarily struck to indicate the opening (call to order), keep the meeting itself calm and orderly, and the closing (adjournment) of proceedings, giving rise to the phrase gavel-to-gavel to describe the entirety of a meeting or session. It is also used by judges in the courts of some countries and by auctioneers to signal a sale.

An agreement entered into by a Husband and Wife in connection with a Divorce that provides for the division of their assets between them.

Property settlements can arise through agreement of the parties, subject to approval by the court, or by court order. Once approved, the settlement functions like a contract for enforcement or modification purposes. Some states use alternate terms to describe a property settlement, such as property agreement, settlement agreement, or separation agreement.

A property settlement involves the property that the couple obtained either before marriage or during marriage. The agreement also may include such issues as maintenance (otherwise known as Alimony) payments to one spouse or even custody of the children.

       

Function of a Settlement

• The function of a property settlement is to divide the assets and debts accumulated during the course of a marriage.

Effects

• Once you reach an agreement with your spouse regarding the assets and debts of a marriage and sign the settlement agreement, the court will include it as part of the final divorce decree.

Significance

• A property settlement agreement is significant. Once signed and incorporated into a divorce decree, a property settlement agreement can only be changed in rare circumstances.

Benefits

• By reaching a settlement agreement, you avoid having a judge decide who receives which assets and who is responsible for certain debts. Leaving these decisions in a judge's hands can result in a court order that might meet neither your nor your spouse's needs.

Expert Insight

• Drafting a settlement agreement should not be left to chance. Your interests--and those of your spouse--are best served by engaging the services of a qualified attorney to prepare this document.