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Lesson 3: Signature of Spouse for Annulm ...

Lesson 3: Signature of Spouse for Annulment Cases

May 04, 2021

Do you need the signature of your spouse if you want to file an annulment case?

No. If you think you need the signature of your spouse, it means you have been watching too many American movies. 

Signatures are required in the US because they have what they call "no-contest divorce". We have no divorce in our jurisdiction. We only have annulment, and annulment is not divorce.

Divorce means you were validly married, but you decided to break the marriage bond. As far as I know, there are many grounds for divorce, including "irreconcilable differences".

Annulment means you were never married - technically. When you file for annulment, you will claim that something was wrong with your spouse at the time of the celebration of your marriage, which makes him or her somehow unfit to perform his or her marital obligations. In simple terms, he or she is not capable of becoming a spouse. No spouse equals no marriage. Something like that.

There is only one ground for annulment, and that is psychological incapacity. I will explain what this creature is in another post.

Do not make the mistake of making your spouse sign your annulment documents, or any document which will indicate that he or she agrees to the annulment case. That is a sure proof of collusion. It means you and your spouse agreed to the filing of the annulment case, and it is a ground for the dismissal of the case.

i know. It sounds counter-intuitive. But that is another difference between annulment and divorce. You cannot agree with your spouse to file for annulment. If an agreement is made, your annulment case fails.

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