- Like with divorce in Oregon, Oregon annulments terminate a marriage but have a different legal effect. Unlike divorce, annulments terminate the marriage retroactively, making the marriage legally nonexistent. Where a divorce still recognizes that the spouses were once married, annulments have the effect of erasing the marriage in the eyes of the law.
- There are two kinds of annulments in Oregon: those given for void marriages, and those given for voidable marriages. Void marriages are those that are invalid immediately upon being granted, such as marriages between relations: first cousins or closer by blood or half-blood. Voidable marriages are those that can be annulled after one of the spouses has petitioned the court, such as marriages based upon fraud.
- In Oregon, annulments take effect in one of two ways: either immediately upon entering the marriage, or once a judge has granted the annulment. Void marriages are immediately invalid, and are never considered marriages by the court, while voidable marriages can exist until the court grants the annulment.
- Oregon annulments can only be granted if specific grounds exist. Void marriages are those where either of the parties is already married or where the parties are relations. Voidable marriages can be annulled if the marriage took place when either party was too young or otherwise incapable of granting consent or when the marriage is based on fraud.
- Annulments can be granted only so long as the conditions upon which they are founded exist. So, for example, if a marriage is based upon the fraud or deception of one spouse, an annulment can be granted when the other spouse learns of the fraud. If that spouse so learns of the fraud but agrees to continue in the marriage, the marriage can no longer be annulled because the ground for annulment no longer exist. If the couple wishes to terminate the marriage after this, they can only do so through divorce.