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The conditions to be met for an annulment are much stricter than those applicable for a divorce. An annulment of a marriage also requires legal actions and the use of a lawyer. However, any marriage that does not respect the legal conditions required for a marriage is invalid.
Remember, an annulment will remove the legal effects of a marriage for the bona fide spouse and the children. Petitions for annulment are therefore often brought by a prosecutor’s office, especially to obtain the annulment of simulated marriages for the sole purpose of acquiring US nationality. The annulment of such a marriage is therefore possible for the injured spouse, but the procedure is long.
The bad faith spouse will lose all the matrimonial benefits and liberties obtained during the marriage. In addition, the injured spouse may request the introduction of a compensatory allowance if their income is lower than their spouse or the payment of damages in the case of the fault of their spouse. In a case of a bad faith marriage, a non-retroactivity will only benefit the spouse in good faith.
Know also that the bad faith spouse is liable to imprisonment. Articles provide that the fact of contracting a marriage solely for the purpose of obtaining, or having obtained, a residence permit or the benefit of protection against expulsion, or for the sole purpose of acquiring US nationality shall be punishable by up to five years of imprisonment and a fine of $250,000, or both. A marriage is fraudulent when it is concluded not to found a home, but to benefit from the benefits conferred by law to married couples. Also, view this link for more detail: https://en.wikipedia.org/wiki/Sham_marriage
A fraudulent marriage can also have a monetary purpose or be contracted for professional reasons. In the case of such an annulment, only the spouse who considers themselves aggrieved has the right to request the annulment of the marriage, except when the marriage has been contracted without the free consent of both spouses or one of them. In other cases, anyone in the marriage may take action to request the annulment of the marriage. Also, view this link for more data: https://en.wikipedia.org/wiki/Annulment
For example, for the marriage consent of the spouses, the consent must be given freely and with full knowledge of the facts. Remember, the annulment of the marriage carries special consequences: the marriage is deemed never to have taken place, the partners will be in the same situation as if they had never been married. Also, marriage can only be annulled in certain cases provided for by law.
The annulment of a marriage has several consequences, both legally and financially. For example, the effects of the annulment of a marriage are retroactive, unlike divorce whose effects only concern the future. Also, remember that it is impossible to contract a marriage without having dissolved the first.
However, case law considers that, in the case of successive marriages, the second marriage is valid when the first marriage has been annulled, the nullity of the first marriage resulting in its disappearance retroactively. An annulled marriage is, unlike a divorce that stops the marriage, considered as never having existed.
The annulment of a marriage will have effects with regard to the children and the judge will rule on: the modalities of the joint parental authority, the habitual residence of the children, if the children retain their name and their nationality, the organization of the rights and the respective duties of the parents, etc. It is, therefore, the judge who will take charge of your file and complete the necessary formalities to complete the annulment procedure.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.
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