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Many would like to believe that Annulment of Marriage and Divorce are the same, hence, interchangeable. In essence, the very purpose of the two is to put an end to marital relation, and thereby giving couples the right to remarry anew. But, for clearer understanding, it is a must to know their basic distinctions.

Divorce is more political than annulment of marriage. Simply, it arises from the political authority of the state in granting its citizens the privilege of terminating a marital relation and giving them another opportunity to marry. It is more of a political policy, unlike in annulment of marriage, being a product of compromise between the church and state, a mere privelege in giving their citizens the incidence of putting an end to a marital relation on specified circumstances, a matter which is more on the exception than the rule.

In divorce, the very existence of a previous valid marriage is recognized but due to irreconcilable situations parties are allowed to put an end to this situation, untying themselves with their respective marital vows, and thereby, giving both the right to remarry.

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In annulment of marriage, the existence of a previous marriage is also recognized but its validity was marred by certain situations such as defective consent or the inability on the part of one or both spouses to perform their basic marital obligations, warranting the dissolution of the previous marriage, as if , no marriage had taken place.

Historically speaking, annulment of marriage (divorce in its essence) is a product of compromise between the church and state on the issue of marriage.

A compromise, in the sense, that the church  shall allow dissolution of marriage on purely case to case and exceptional basis only and not as a right on the part of married couple but on vices of consent on the part of  guilty spouse; a civil marital remedy, wherein, the ecclesiastical opinion and declaration is given great weight before the final granting of petition for annulment. Hence, becomes a co-decision of the two social institutions.

In divorce, a previous marriage is dissolved, with all its existence and validity, to give way for another marriage, while in annulment , the very existence of the previous marriage is in question , so that when determined, as if no marriage had taken place at all.