Here Is The Difference Between Getting A Divorce And An Annulment Of Marriage

All through last week, the Black Stars captain, Asamoah Gyan managed to grab headlines.

Even after the former President of the Ghana Football Association was banned from FIFA and find GHS 2.4 Million, Asamoah Gyan still found his way into the headlines.

See Also: FIFA Has Banned Kwesi Nyantakyi For Life &; Has Fined Him CHF 500K (GHS 2.4M)

That’s all because of his marriage problems with his wife, Gifty Gyan.

It was reported that Asamoah Gyan had filed for a divorce from Gifty Gyan at an Accra High Court, however, in a statement copied to Graphic, Asamoah Gyan’s lawyers corrected that their client wants his marriage annulled and that he wasn’t seeking for a divorce.

See Also: Asamoah Gyan Addresses Haters In His First Public Statement Since Details About His Divorce Leaked

Now, annulment of marriage is legally different from a divorce, though the couple will still end up being separated.

While a divorce terminates a legal marriage, an annulment means that the marriage never existed.

A divorce puts an end to a legal marriage and it will be reflected in documents as one having once been married.

However, for annulment, the court orders that the marriage should be stricken from the records.

For instance, if your 5-year marriage gets annulled, it is as if you have never been married and the last five years didn’t happen. You were never a husband or a wife. Technically, if you fill out a legal document asking whether you have been married before, you can state no.. and it wouldn’t be a false claim.

Let’s say you’re still a ‘virgin’ when it comes to marriage…

To qualify for an annulment, however, a marriage must be legally void or voidable. The person seeking for an annulment must be able to prove one of the specific grounds to establish that your marriage is void or voidable.

It includes if:

1.your spouse was married to someone else when you got married.

2. your marriage is incestuous—meaning you married a relative.

3. your spouse was of unsound mind at the time you married.

4. your marriage consent was obtained by fraud.

5. your spouse is impotent.

It may also include if you were an underage when you were married off.

Now, some media houses have reported that Gifty Gyan was already married to someone in Europe in a ‘marriage for visa’ process and that Asamoah Gyan was aware of that arrangement before he married Gifty.

But with that piece of information, it could be that Asamoah Gyan’s lawyers will use point 1 above, which says if your spouse was already married then that is grounds for annulment, to argue their case.

This is going to be one protracted battle with both sides already lawyering up to face eachother in court.

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