ANNULMENT

Question 1

ANNULMENT

Answer 1

• Annulment declares a marriage invalid b/c an impediment existed at time of marriage making it legally void/ voidable.
• Once an annulment is entered, parties are treated as though they were never married

Question 2

VOID MARRIAGE

Answer 2

• A void marriage is invalid, b/c it failed to meet essential requirements for legal marriage.
• No subsequent act can ratify void marriage.
• Parties may walk away from a void marriage w/ no legal action, but an annulment action is usually brought to determine property distribution & child custody.
• Any interested party may seek annulment of a void marriage, & marriage is subject to collateral attack (in actions other than annulment actions) even after death of one of the parties.

Question 3

Note

Answer 3

• If impediment causing marriage to be void is removed (ex. spouse from prior valid marriage dies), Uniform Marriage & Divorce Act (“UMDA”) & some state statutes provide that marriage becomes valid if parties continue to cohabit.
• Other states do not allow validation, holding that marriage remains void & parties need to marry after impediment is gone to have a valid marriage.

Question 4

Bigamy or Polygamy

Answer 4

• If either party has a living spouse, marriage is void.
• Note: States generally presume that the most recent
  marriage is valid, & a party must overcome the presumption by strong evidence that prior marriage exists

Question 5

TIp

Answer 5

• When a question includes a prior marriage that
  was not successfully ended b/f marriage in
  question, remember that subsequent spouse has 2 possible arguments:
  (1) the strong presumption that the latest marriage is valid, and
  (2) if prior marriage is later ended by divorce, annulment, or death, continued cohabitation validates 2nd marriage under UMDA & similar statutes.

Question 6

Consanguinity

Answer 6

• Marriages between parties who are too closely related are prohibited.
• Most states consider these marriages void.

Question 7

VOIDABLE MARRIAGE

Answer 7

• A voidable marriage is valid until declared null.
• B/c of an impediment that existed at time of marriage, one of the spouses may bring an action to have marriage annulled.
• No collateral attacks are permitted, & sometimes only party who suffered impediment can bring action to annul.
• Typically, a voidable marriage occurs when some type of event/condition affects adequacy of party’s
  consent.
• Unlike void marriages, voidable marriages can be remedied (or ratified) by continued habitation after removal of impediment, & ratification means marriage cannot be annulled.

Question 8

Nonage

Answer 8

• A spouse who was under statutory age & married
  w/o getting required consent can have marriage
  invalidated.
• These marriages are usually voidable.
• The underage spouse may ratify marriage by continuing relationship after reaching statutory age.

Question 9

Incurable Physical Impotence

Answer 9

• Inability to have normal sexual relations w/ spouse is a ground for annulment.
• These marriages are voidable & thus subject to ratification.

Question 10

Tip

Answer 10

Keep in mind that impotence is not inability to have children. But, if ability to have children was misrepresented, then marriage may be annulled based on fraud (see below).

Question 11

Lack of Capacity

Answer 11

• Lack of capacity sufficient to annul a marriage may include a lack of understanding, whether due to mental weakness/influence of drugs or alcohol

Question 12

Duress

Answer 12

Duress (ex. threat of death) can affect consent

Question 13

Fraud

Answer 13

• Fraud can affect consent if it involves an essential element of marriage (ex. misre as to ability/willingness to engage in sexual relations/bear children)

Question 14

EFFECT OF ANNULMENT

Answer 14

• Broadly, an annulment means tmarriage is set aside like it never existed.

Question 15

Defenses

Answer 15

• Only way to defend an action to annul void marriage
  is to deny existence of defect.
• If impediment has been removed & parties continue relationship, marriage becomes valid in states following UMDA.
• Ratification is the most common defense in an action to annul voidable marriage.
• Other equitable defenses (ex. laches/estoppel) may also be used, but they are usually included in ratification defense.

Question 16

Children of Annulled Marriage

Answer 16

• Children of annulled marriage are marital children.
• Support & custody issues are handled in same way as in a divorce action.

Question 17

Spousal Support
.

Answer 17

• Generally spousal support is not awarded in annulment actions, but it is available in some jurisdictions.
• Also, if spousal support from a previous marriage has ended by remarriage, it will not be reinstated following an annulment of that marriage

Question 18

Division of Property

Answer 18

• Cts attempt to place parties in their pre-marriage
  position, & usually give each party that property to which they have legal/equitable title

Question 19

Jurisdiction

Answer 19

• In states w/o statutes on the subject, annulment actions are heard by equity courts.
• Among states, the state of domicile of either of the parties has jurisdiction to hear the annulment action
• Many states also provide that the place of celebration of the marriage also has jurisdiction.
• Annulments rendered w/ proper jurisdiction are
  entitled to full faith & credit.