In the first 3 years of your marriage, you cannot (successfully) apply for a normal divorce.
This means that during the first 3 years,
-you cannot (successfully) apply for a divorce if your spouse has behaved in such a way that you cannot be reasonably be expected to live with him or her.
-you cannot apply for a divorce if your spouse has deserted your for 2 years.
-you cannot apply for a divorce even if your spouse has committed adultery and you find it intolerable to live with him or her.
In the first 3 years of your marriage, you are allowed to apply for an annulment.
An annulment is radically different from a divorce.
This is because after an annulment, the parties' status reverts back to being single.After a divorce, their status becomes that of divorcees.
The court requires certain conditions (stipulated in the Women's Charter) to be satisfied before it will grant an annulment.
These conditions (for annulment) are radically different from those for a divorce.
What are the conditions for an annulment?
Actually, there are very many different types of annulment, each with different conditions.
For example, if you married your spouse after he misled you into thinking that he was a woman, this may entitle you to an annulment.
Another is example is where you or your spouse were unable to properly consent to the marriage (perhaps due to an abnormality of the mind) which may also entitle you to an annulment.
The most common type of annulment
However, by far the most common type of annulment is based on wilful refusal to consummate the marriage.
Condition(s) for the most common type of annulment
The condition that needs to be satisfied in this type of annulment is:
-the marriage has not been consummated owing to the wilful refusal of the defendant to consummate it.
If this condition is not satisfied, the application for annulment will fail -- even if both parties agree and cooperate and sign all the annulment papers.
Generally, this condition means that:
-since the parties got married (ROM), the parties had never had sexual intercourse;
-the applicant (ie, the party applying for the annulment) constantly (or often) approached the defendant to have sexual intercourse; and
-the defendant kept refusing to have sexual intercourse with the applicant, either without any reason at all; or without any good reason.
The above is not legal advice and should not be taken as such.
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