Annulment Flashcards
What is Annulment?
An annulment is a backward-looking doctrine that declares a marriage invalid because an impediment that existed at the time of the marriage makes it legally void or voidable. Once an annulment decree has been entered, the parties are treated as though they were never married.
What is a Void Marriage vs. a Voidable Marriage?
Void Marriage: A void marriage is one that NEVER EXISTED for any purpose; it is a complete nullity. If a marriage is void, NO subsequent act can ratify the marriage.
- Generally, parties may walk away from void marriages without court order; the reason for bringing an annulment action is usually to have the court determine property distribution and child custody.
Voidable Marriage: If a marriage is voidable, one of the spouses may bring an action to have the marriage declared invalid because of an impediment existing at the time of the marriage.
- This type of marriage cannot be attacked collaterally or by third parties. Thus, a voidable marriage is deemed valid unless one spouse seeks to have it annulled.
- If the spouse with the cause of action ratifies the marriage by continuing the relationship, or if one spouse dies, the marriage can no longer be invalidated.
What are the Grounds for Void Marriages vs. Voidable Marriages?
Grounds for Void Marriages
- Bigamy: When a party has a living spouse
- Consanguinity: Marriages between parties who are too closely related (your kids, aunt, uncle, brother, sister, niece, or nephew)
- Nonage (some states): Spouse under the statutory age at the time of marriage
Grounds for Voidable Marriages
- Nonage (most states)
- Incurable Physical Impotence (can’t have sex)
- Lack of Capacity (Mental incompetence; Duress; Fraud involving essential element of marriage)
What Defenses can be raised against Void Marriages?
The ONLY WAY to defend an action to annul a void marriage is to deny the existence of the defect. If the impediment has been removed and the parties continue the relationship, the marriage becomes valid in states following the UMDA.
What Defenses can be raised against Voidable Marriages?
- Impediment does not exist
- Ratification (continuing in relationship after impediment removed)
- Laches
- Estoppel
- Unclean hands (not valid in most states)
How is Property Divided When Annulment Happens?
Courts attempt to place the parties in their pre-marriage position, and usually give each party that property to which they have legal or equitable title.
