Proof for annulment

This is a discussion on Proof for annulment within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hi everyone, I am looking to apply for an annulment of my marriage, on the grounds of unconsummated marraige and ...

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Old May 31st, 2013, 11:11 AM   #1
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Default Proof for annulment

Hi everyone,
I am looking to apply for an annulment of my marriage, on the grounds of unconsummated marraige and forced marraige.

My problem is my husband and I are married 3 years
and divorce here takes 4 years, I can't wait that long and therefore, want to get an annulment as we didn't even have any physical relationship.
I was in a relationship before though and I am not a Virgin.

My question is, how can I prove in court that me and my husband have never had sexual intercourse?

Please help, what are the type of proofs I would need to provide in court?

Any help will be highly appreciated,Thank you
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Old May 31st, 2013, 11:30 AM   #2
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Default Re: Proof for annulment

I wish to inform you that you may prove through statement of your husband. In this regard generally court may not grant annulment of marriage after 3 years as it may be difficult to prove that marriage was not validly performed. Generally annulment can be done if marriage is under duress but after three years it may be difficult to show force at the time of marriage. Further unconsummated marriage is generally not regarded ground for annulment.

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Old May 31st, 2013, 12:17 PM   #3
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Default Re: Proof for annulment

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Originally Posted by Jazzmine View Post
Hi everyone,
I am looking to apply for an annulment of my marriage, on the grounds of unconsummated marraige and forced marraige.

My problem is my husband and I are married 3 years
and divorce here takes 4 years, I can't wait that long and therefore, want to get an annulment as we didn't even have any physical relationship.
I was in a relationship before though and I am not a Virgin.

My question is, how can I prove in court that me and my husband have never had sexual intercourse?

Please help, what are the type of proofs I would need to provide in court?

Any help will be highly appreciated,Thank you
Failure to consummate a marriage is one, but not the only grounds upon which marriage may be annulled in Ireland. If the husband is willing to corroborate in court, of course, that would simplify the application.

If there was duress to enter into the marriage, that is one of the grounds nullity can be granted for. In WD v. CD, Justice Smith granted a decree of nullity to a man whose family forced him to marry his girlfriend two months after she had their baby. The couple were married after a "family conference". The judge said the external pressure from both families meant the decision to marry had lost the character of a fully free act.

Or a party was incapable due to severe depression, in which case the court granted a decree of nullity after 25 years of marriage; S(J) v. J(orse S) (m), so length of term of the marriage is not necessarily a factor.

The Family Law Act of 1995 provides a court may grant a decree of annulment or divorce depending upon the facts. But in the case the poster has stated she has two grounds upon which to petition for annulment. My recommendation is that she see a family law solicitor to get her petition going.

If the full citations are requested, I will gladly supply them.
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