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Breakdown Of Marriage

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The ultimate breakdown or failure of a marriage occurs for a numerous amount of reasons. Mostly and profoundly, narrowed down to a specific course, based upon a defined concurrence of equality within society. A marriage may lead to a divorce if it has been irretrievably broken down according to section 95 (1) of the women’s charter. Either party may file a writ for divorce on the ground that the marriage has irretrievably broken down. However, for the majority of couples, divorce is a harsh procedure. It hurts both parties and leads to further disputes and animosity. Before you think about getting divorce, you may wish to consider the possibility of reconciliation between you and your spouse. Going through a divorce is not exactly pleasant …show more content…

It requires diffent grounds than divorce and the steps you take are not the same. The grounds for annulment are : One of the parties was already married to someone else when the marriage took place, willfully not consummating the marriage, not consummating the marriage due to incapacity, mental illness that makes the person not fit for marriage, the spouse is pregnant by another man, or if can be proven that the spouse had a communicable venereal disease before the marriage took place. However, if the respondant knew of the above situations and went ahead with the marriage when they could have avoided it, then it will invalidate the chance of obtaining an annulment. In other words, if you knew your spouse had a venereal disease and you married them anyway then it is not grounds for annulment. If you found out about the disease after your marriage then it is grounds for annulment. There may be other circumstances where an annulment can be granted. An application for annulment should be filed within the first three years of marriage. After the three year time frame, you will probably need to file for a divorce instead of an annulment. You will need to file a writ for Nullity with the Court. A court appearance is necessary unlike a divorce which sometimes require four to five months to process an annulment if it is uncontested. If a decree of nullity is issued then the annulment is in effect from that time forward. The decree does not change the fact that the marriage existed up to the point of

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