Retroactive versus Non-Retroactive Annulment

When seeking an annulment from the courts, a judge has the ability to grant two different types of annulments: a retroactive annulment, or a non-retroactive annulment.

 

A retroactive annulment is the most common type of annulment. If ordered, it that would mean that, under the eyes of the law, the marriage or civil union never took place.

Non-retroactive annulments, on the other hand, are rare. Upon being granted, the marriage or civil union will be considered valid UP TO the date of the non-retroactive annulment. After that date, the marriage or union will be legally considered to no longer exist.

 

Because a legal record of the marriage or union still exists with non-retroactive annulments, the court reserves the authority to issue additional court orders. For example, a judge can order the payment of child support, the allocation of parental responsibilities (custody), or parenting time (visitation rights) if the spouses or partners have minor children together.