4. Annulment Flashcards
1
Q
What are the types of defective marriages?
A
Void marriage (NOT valid) Voidable marriage (Valid until annulment)
2
Q
What is annulment?
A
Declaration that marriage is NOT valid
Due to impediment at time of marriage
3
Q
How can we attack defective marriage?
A
Void marriage
- Property distribution
- Child custody
- Collateral
Voidable marriage
- Seek declaration as not valid
4
Q
How can we ratify defective marriages?
A
Ratification
- Remove impediment
- Continue co-habitation
- Spouse’s death
5
Q
What are the effects of annulment?
A
Set aside marriage
Children remain legitimate
Child custody awarded
Property awarded