Annulment

Question 1

What must an annulment be based on?

Answer 1

Grounds that predate the marriage (compare with divorce)

Question 2

What does it mean for a marriage to be void?

Answer 2

The marriage does not exist–can, but don’t need to seek annulment proceedings for:
* Clarity of the record
* Collateral issues (e.g., issues involving children)

Question 3

What are the grounds for void marriages in Virginia?

Answer 3

(1) Bigamy
(2) Consanguinity
* Can’t marry an ancestor, descendant, sibling, or lineal relative up or down one generation (but can marry stepsibling or cousin)

Question 4

What are the grounds for a voidable marriage in Virginia?

Answer 4

(1) Age
* Can seek annulment or ratify

(2) Duress
* Must enter marriage on own free will
* Waived if parties continue to cohabit after duress is removed

(3) Mental Incapacity
* Must be of sound mind, but if incapacity goes away, parties can ratify and waive

(4) Incurable Impotence
* Can’t have knowledge of condition before marriage, but can ratify after

(5) Fraud