20+ Differences Between Annulment and Divorce (explained)

Everyone thinks the upcoming journey will be full of love, hopes, and dreams when getting married.

But unfortunately, many times, the reality is completely different. To end the marriage, there are two ways of doing so, i.e., through Annulment and Divorce.

Both ways are often confused with one another due to various similarities. Annulment refers to ending a marriage by announcing it invalid. Divorce refers to ending a marriage by just announcing an end to it. 

Comparison Between Annulment And Divorce

Parameter	Annulment	Divorce
Meaning and Purpose	It is a legal way of announcing a marriage as invalid and non-existent. Its sole purpose is to make a marriage non-existent, i.e., making it like it never existed.	It is a legal way of terminating a marriage by putting an end to it. Its sole purpose is to end a marriage by not removing its existence.
Types	It can be broadly categorized into two main categories: Civil and Religious.	It can be broadly classified into main categories: Fault and Non-Fault.
When should you opt for it	It should opt when either of the spouses thinks that they should not have gotten married in the first place. Largely, spouses think that when they believe they have been fooled into marriage.	It should opt when spouses want to be out of the marriage, or either of the spouses thinks that the other spouse is at fault and he/she wants to be out of the marriage.
Reasons	Suppose any spouse thinks they were fooled into the marriage, or they decided to marry when they were not in their strong ability to make the decision, or the other spouse had hidden their existing marriage or criminal record. In that case, a spouse can take Annulment.	If any spouse thinks they were cheated on or abandoned by their other spouse, or the other spouse went to prison, they can opt for a Divorce. Also, if there is no reason to get a Divorce, instead they want to be out of the marriage, they can also opt for Divorce.
Length of marriage	To attain an Annulment, the minimum limit is not specific; however, it should not last a long period; else, it can not be attained. The minimum and maximum periods largely vary from country to country.	A Divorce can not be attained within a short period of marriage. It should last a specific number of years to qualify for getting a Divorce. There usually is not maximum limit to it. Although, just like Annulment, it varies from country to country.
Status of Spouses	Since the marriage is announced as if it never existed after an Annulment, the status of spouses changes to single.	Since the marriage has only been terminated, and its existence is valid, the status of spouses changes to divorcees.
Status of Property	Property division does not occur in Annulment as it makes a marriage non-existent. The partners live their lives like they were before their marriage.	Property division takes place in Divorce as it only terminates a marriage.
Proof	It does not take place unless either of the spouses thinks that they should not have gotten married. Thus, to prove why they should not have married in the first place requires various proofs and witnesses.	Any Proof is usually not required in the case of a Non-Fault Divorce. However, certain proof of witnesses may be required in the case of a Fault Divorce.
Common	It is believed to be less common than Divorces. This is large because most married couples opt for Divorce, and only a few think that marriage was a mistake. Secondly, it can not take place if the marriage has lasted long.	It is more common than Annulments. This is largely because couples usually do not wish to stay in marriage anymore. Also, it can be attained even if the marriage has lasted a long period.
Alimony/Spousal support	Any type of financial support from one spouse to another is generally absent in an Annulment as the marriage never existed.	Financial support can be attained from one spouse to another, but it depends on many factors and circumstances.

Major Differences Between Annulment And Divorce

What exactly is an Annulment? 

Annulment refers to ending a legally valid marriage by announcing it invalid. Annulment is generally chosen over Divorce when either of the spouses thinks the marriage was a mistake and should not have happened in the first place.

Criteria for an Annulment are fixed and strict. An annulment can happen any time after the marriage but can not happen if it lasts long. The maximum duration of marriage to last to get an annulment varies from country to country. 

Features of Annulment 

• It is a legal way of ending a legally valid marriage by announcing it as invalid and non-existent. 
• By making a marriage non-existent, it announces the spouses as single. 
• It is granted to people who strongly believe marriage was a mistake and should not have gotten married in the first place. 
• Suppose either of the two spouses thinks that they were fooled into a marriage, or they were under the impression of drugs and sickness when they decided to get married, or the other spouse was already married, etc. In that case, they can get their marriage annulled instead of opting for Divorce. 
• To get a marriage annulled, some proof is usually required. 
• Marriage Annulment generally requires going to a more qualified lawyer than lawyers who have expertise in Divorces. 
• Marriage can get annulled anytime after marriage; however, it can not be annulled if it has lasted long. 
• It can be broadly classified into two subcategories: Civil Annulment and Religious Annulment. 

Key Differences: Annulment 

1. It refers to ending a marriage by announcing it as invalid and void. 
2. It not only terminates a marriage but also considers it non-existent. 
3. Since marriage is considered non-existent, the partners are also considered single. 
4. After the marriage is annulled, the spouses have no property division. 

What exactly is a Divorce? 

A Divorce is a more common way of ending a marriage than an Annulment. It works by putting an end to a legally valid marriage.

A Divorce can be obtained for no reason, and it can also be obtained if one of the spouses is at fault.

Here the fault particularly means if either of the spouses cheated on the other, left them, or went to prison.

A Divorce for no reason is known as No-Fault Divorce, while a Divorce for the other spouse’s fault is known as Fault Divorce. 

Features Of Divorce 

• It is a legal way of dismissing a marriage by putting an end to it. 
• It terminates a marriage but does not make it non-existent. 
• Since it does not make a marriage non-existent, the spouses are known as divorcees. 
• It can broadly be classified into Fault Divorce and No-Fault Divorce. 
• Fault Divorce refers to a situation where either of the spouses demands a Divorce because of the other spouse’s fault. 
• The other spouse can be considered at fault if they went to prison or cheated or left their spouse. 
• No-Fault Divorce refers to a case where none of the partners are at fault, but they want a divorce. 
• To get a Divorce, a marriage should last a minimum amount of time. However, it generally varies from country to country. 

Key Differences: Divorce

1. It refers to putting an end to a legally valid marriage. 
2. It terminates a marriage without considering it non-existent. 
3. Since the marriage existed, the partners are considered divorcees. 
4. After the spouses take a Divorce, there usually is a property division between them. 

The Contrast between Annulment And Divorce

Proof

• Annulment – Making a marriage invalid and non-existent is a huge decision and responsibility for the lawyer. It requires proof and witnesses as to why and how the couple should not have gotten married in the first place. So that if either of the spouses is lying, injustice is not done to the other spouse. 

• Divorce – Divorce is usually a mutual decision taken by the spouses, and if not, it is largely due to the other spouse’s fault. In the case of a Non-Fault Divorce, proof is rarely required, but it is a must in the case of Non-Fault Divorce, as the lawyer needs reasons and valid proof as to why the other spouse is at fault. 

Origin of the word

• Annulment – The word Annulment originated from two words, “annul” and “meant.” The word “annul” originated from the Middle English word “annullen,” which originated from the Middle French word “annuller,” which originated from the Latin word “annular,” which means “to make to nothing.” The word “meant” is believed to have originated from the Latin word “mentum,” which means “means to.” 

• Divorce – The word Divorce originated from the Latin word “disodium,” which means “separation.” 

Meaning and Purpose

• Annulment – It refers to a way of ending a legally valid marriage by announcing it invalid. Its purpose is to terminate a marriage and announce it as non-existent and invalid. What non-existent means here is that it removes the existence of a marriage like it never existed. 

• Divorce – It refers to a way of terminating a marriage by announcing an end to it. It is only concerned with terminating a marriage; it does not consider it as non-existent, meaning it considers the existence of marriage but puts an end to it. 

Types

• An annulment can be broadly classified into two main categories: Religious Annulment and Civil Annulment. Religious Annulment refers to a way of terminating a marriage by religious means. Civil Annulment refers to a way of terminating a marriage by legal means. 

• Divorce can be broadly classified into two categories: Fault and No-Fault. Fault Divorce occurs when either of the spouses is at fault, and the other spouse wants to be out of the union. No-Fault Divorce is the most common type, where no spouse is at fault. Instead, they want to be out of the marriage. 

Length 

• Annulment – The minimum and maximum period of a marriage to be valid to get an Annulment depends on the rules and regulations of different countries. However, in general, a couple can attain an Annulment immediately after the marriage, but it might not be possible to get an Annulment if the marriage has lasted long. 

• Divorce – Just like Annulment, the length of a marriage required to get a Divorce varies from country to country. However, it might not be possible to attain Divorce if the marriage has lasted only a short period. Generally, marriage should have lasted at least 1-2 years to attain a Divorce. 

Status of Spouses

• Annulment – Annulment’s purpose is to make an existing marriage non-existent; thus, it announces the spouses as single after the marriage is annulled. 

• Divorce – Since the spouses seeking a Divorce want to end it and do not want to make it non-existent, it announces the spouses as divorcees. 

Status of Property

• Annulment – It is concerned with making a marriage non-existent, thereby making it like it never existed. Since a marriage never existed, there is not any division of the property between spouses. After attaining the Annulment, both the concerned spouses lived like they were living before the marriage. 

• Divorce – It is concerned with just terminating a marriage. It does not make a marriage non-existed. Instead, it admits that a marriage existed but is now terminated. Thus, there is a property division between the spouses in this case. 

Common

• Annulment – In comparison with Divorces, Annulments are less common. It is because it generally requires a marriage to have lasted only a short period. Secondly, it is not common for all spouses to think that they should not have gotten married in the first place. Thirdly, it also requires the presence of some proof and witnesses. 

• Divorce – In comparison with Annulments, Divorces are more common. It is because it is easier to attain Divorce than it is to attain Annulments. Secondly, not all spouses want to make their marriage non-existent. Most of them want to terminate it. 

Alimony/Spousal Support 

• Annulment – Any financial support to one spouse from the other spouse is not possible after a marriage has been annulled. It is because, after an Annulment, a marriage typically never existed. 

• Divorce – Financial support after a Divorce can be made possible under special circumstances, as the marriage has only been terminated. Basically, it is not impossible in the case of a Divorce; instead, it largely depends on various factors. 

When should you opt for it?

• Annulment – It is chosen by the spouses when either of them thinks they should not have gotten married in the first place. They think that their marriage was a mistake. Spouses usually think that when they think the other spouse has fooled them. 

• Divorce is chosen by people who do not want to continue their marriage anymore. They do not think that marriage should not have happened in the first place. Instead, they have no problem with its existence. They do not want to continue the marriage anymore. 

Reasons for choosing

• Annulment – It is largely chosen by those people who think they have been fooled into the marriage, or they took the decision when they were not in a sound mind (under the impression of an illness or drugs), or the other spouse was already married, or either of them was not of the legal age to marry, or either of the spouses had hidden a criminal record. 

• Divorce – is largely chosen by the people who do not wish to continue the marriage. But in the case of a Non-Fault Divorce, it is chosen by people who think they have been cheated on or abandoned by the other spouse. 

Reasons for choosing an Annulment and Divorce 

• Annulment 

1. If either or both spouses think they were fooled into the marriage. 
2. If either or both of the spouses decided to marry under the influence of drugs or illness. 
3. If either or both of the partners were already married before marrying again. 
4. If either or both of the spouses had a criminal record and kept it hidden from the other partner. 
5. If either or both of the partners were not of the legal age to get married. 

• Divorce

1. If there is no specific reason or fault of any partner, but either or both spouses want Divorce. 
2. If either of the spouses cheated on the other spouse. 
3. If either of the spouses left the other spouse. 
4. If either of the spouses went to prison. 

Conclusion 

Annulment and Divorce are two ways that focus on ending a marriage. Due to their similar purpose, both terms are understood as synonyms and used interchangeably.

The major distinction between an Annulment and a Divorce is that the former is concerned about announcing a marriage is invalid and non-existent. At the same time, the latter is concerned about ending the marriage. 

Frequently Asked Questions (FAQs)

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