A marriage that has been annulled (i.e. declared by the courts to be null) is considered to be void. In such case it is understood that at the time of contracting marriage, one or more of the essential requirements that should existed before or during the ceremony did not exist.
In divorce there no party is contesting the validity of the marriage and in such case parties seek to dissolve a union that exists between them. Conversely in an action for annulment one or both of the parties allege that the marriage is void because there was a defect when the marriage was contracted. In deciding whether marriage is to be declared void or not the Courts will examine the intentions, emotions and situation of the parties at the date when the marriage was contracted.
In Malta annulments can be pronounced by the Civil Courts or by the Catholic Church tribunal. If pronounced by the Civil Courts then the parties can only contract civil marriage. However if their marriage is annulled by the Church Tribunal, one or both of the parties are free to re-contract through the Catholic rite.
Putative Marriage
A putative marriage is one which is later found to be void. From the moment that the void marriage has been ‘contracted’ until the date that it is declared by the Court to be void, such marriage is deemed to be putative.
If a marriage is declared to be void, the effects of the marriage shall still be valid in favour of the spouses. Therefore children born or conceived within a putative marriage shall still be considered to be born in wedlock.
Punishment for spouse giving rise to annulment
The spouse who has given rise to annulment shall be bound to pay maintenance to the other spouse (who was in good faith), for a period of 5 years. This duty shall cease if the other party remarries (Article 20(5), Marriage Act).
