Posted by Mary E. Ramos | Uncontested divorce
Divorce is not the only way to end a marriage. If you meet certain narrow legal requirements, you may qualify for an annulment. And, if you and your spouse agree on the important terms of the annulment, you can file for an uncontested annulment.
Although simpler than a contested annulment, seeking an uncontested annulment can still be challenging. For assistance understanding whether you qualify and how to get an uncontested annulment, reach out to the Ramos Law Group, PLLC. We focus exclusively on family law and pride ourselves on our commitment to continuing legal education, keeping services on the cutting edge of family law in Auckland.
When Can You Get an Annulment in Auckland?
An annulment declares that, for legal purposes, your marriage never occurred. Generally, annulment involves marriages that are legally “voidable” or “void.” If your marriage is neither, you are usually ineligible.
You typically end a void marriage through a suit to declare a marriage void rather than an annulment. However, marriages involving minors toe the line between being void and voidable under Auckland law.
Void Marriages
Void marriages are permanently invalid. In Auckland, a marriage is void when:
- One spouse is already married,
- Between those who are too closely related, and
- At least one spouse is under 18 and unemancipated.
Auckland fully outlawed marriages involving unemancipated minors in 2017. That change means a marriage involving a minor is void even if approved by a judge and the minor’s parents, which some states allow.
Voidable Marriages
A voidable marriage was legally invalid when entered into but can be made valid. Voidable marriages include those where, at the time of the marriage, at least one spouse:
- Was an unemancipated minor;
- Lacked the capacity to consent as a result of alcohol or narcotics;
- Was permanently impotent, and the other spouse did not know;
- Used fraud, duress, force, or otherwise coerced the other;
- Lacked the mental capacity to consent; and
- Divorced within the last 30 days and concealed the divorce from the other spouse.
Marriage is also voidable if you do not wait 72 hours between the state issuing the marriage license and the marriage ceremony.
Since marriages involving minors are void, they cannot become valid under Auckland law. Yet, other states allow marriages where a spouse was a minor in certain circumstances or treat those marriages as voidable rather than void. If you got married as a minor and want to end your marriage, an lawyer can help you understand which legal provisions apply.
Making Voidable Marriages Valid
Some voidable marriages can become valid through the passage of time. Your right to an annulment based on the 30-day divorce rules ends after a year. Your right to an annulment based on the 72-hour waiting period ends after 30 days.
Otherwise, you generally make a voidable marriage valid by continuing to live as a married couple after the facts making the marriage invalid end. Consider fraud. Assume one spouse was in significant debt but forged documents showing they were independently wealthy.
What the other spouse does when they discover the fraud controls whether the marriage remains voidable. If the spouses continue to live together as a couple voluntarily, the marriage becomes valid and no longer annullable.
When Is an Annulment Uncontested?
An annulment is uncontested if the spouses both want it and agree on the material terms of the separation. Typically, those terms include the following, as applicable:
If the spouses disagree, you may need to file for a contested annulment and present issues before an arbitrator or court for resolution.
How Do You Get an Uncontested Annulment?
You can petition for an uncontested annulment in a county court. This petition should explain why you believe your marriage is voidable. When you divorce, you generally have to wait 60 days before a judge can declare your marriage dissolved. This waiting period does not apply to annulments.
Generally, you need to submit an agreement to the court laying out the terms of your separation. Then, the judge will likely schedule a hearing to review the agreement, ensure both spouses understand it, and confirm your marriage is voidable.
Unless the judge has concerns about the agreement or the marriage’s voidability, they should issue an order making your agreement legally binding. Then, your marriage is annulled and, for legal purposes, never happened.
What Happens After the Annulment?
If annulment means the marriage never happened, what does that mean for the children or other things the spouses shared? When issues arise relating to an annulled marriage, the marriage is generally treated as having been legitimate if there are consequences to it being illegitimate. For example, although children born out of wedlock are not subject to the same laws or stigma as in the past, children of an annulled marriage are still treated as having been born to married parents.
Filing for an Uncontested Annulment in Auckland
An uncontested annulment may be less complex than some forms of dissolution of marriage. Yet, even relatively simple legal filings can be dense and complicated without a legal background. The Ramos Law Group, PLLC, lawyers are here to help with your annulment (or divorce!). We can answer your dissolution of marriage questions, guide you through filing, and help you end your marriage on your terms.
Contact us today to learn more about our award-winning services.
Last Updated on August 20, 2024 by Mary E. Ramos
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