Information on ‘Nullity’
Many people are not aware that you can get a decree of nullity from the State. An application for nullity can be made in either the Circuit or High Court and such applications must be heard by a judge. Parties cannot agree to an annulment. Nullities tend to be expensive because there has to be a court hearing.
While the parties cannot agree to get an annulment, they can agree the other issues that may arise consequent to the annulment, such as issues related to children or property.
The whole area of annulment is quite complicated and technical and it would be extremely important to seek expert legal advice from a family law specialist. Many people think that the only ground for an annulment is non-consummation; but there are a number of grounds upon which an annulment can be granted.
Even so, not many annulments are granted on an annual basis and many practitioners would never have made such an application. Because of my background as a family law specialist I have been involved in at least 10 annulment applications over the years. However, with the advent of divorce there are now fewer applications than previously. One would also suspect that fewer actual decrees are now granted.