Nullification of a marriage is commonly called annulment. Annulment is the process by which a Court states that a marriage never legally existed. Annulment is different from divorce. Divorce is when the Court ends an otherwise legal marriage as of a specific date. Divorce happens when either the husband or wife can prove the requirements or grounds to end the marriage.

Either the husband or the wife may apply to the Court for the annulment of a marriage if either party can show any of the following:

Elements for Nullification:

• The other party had another husband or wife living at the time of the marriage;
• Either the man or the woman was under the age of eighteen (18) years at the time of the marriage;
• Either the man or woman lacked the mental capacity to understand and consent to the marriage because of a mental condition, or as a result of being under the influence of drugs, alcohol or similar substance at the time of the marriage ceremony;
• One of them was physically or mentally threatened or forced to enter into the marriage;
• One of them was physically and incurably impotent at the time of the marriage and this was unknown to the other at the time of the marriage;
• The marriage is one that is prohibited by law due to the relationship between the parties
• For any other reason which the court may deem fair under the circumstances.