Annulment Flashcards
What is annulment?
a declaration that a prior marriage was invalid because of some defect that existed at the time it was created
When must the grounds for annulment exist?
the time of the wedding
What is bigamy?
VOID marriage. When a married person marries someone else. Any person with a living spouse who married another person is guilty of a third degree felony
What is an incestuous marriage?
VOID marriage. People who are related get married to each other
What is the FL rule for marrying your cousing?
In FL, you can marry your first cousin
When will FL recognize a common law marriage?
When it was validly entered into in a state allowing common law marriage. Fl determines the validity of a marriage based upon the law of the state/county where the marriage took place
What is a VOIDABLE marriage?
a marriage that has some problems that can be cured. Only the parties to the marriage may raise the issue. Must be done in a family law proceeding to annul the marriage while the defect still exists and while both parties are still alive.
What are three examples of voidable marriages?
(1) lack of consent
(2) fraud that goes to the essentials of the marriage
(3) lack of capacity
(4) no intent to be bound
(5) incurable physical impotence
(6) age requirement not met
How old must you be to marry?
18, unless you parents’ permission or are pregnant and have the judges’ permission
What are defenses to annulment?
(1) ratification
(2) estoppel
(3) unclean hands
(4) laches
(5) that the alleged impediment doesn’t exist
What can a court declare in an annulment?
court can award alimony (usually short term), child support, and/or division of property
