annulment

Question 1

what is annulment

Answer 1

makes it as if there never was an actual marriage

based on grounds that predate the marriage

Question 2

why get an annulment for void marriages?

Answer 2

you don’t need annulment proceeding, since the marriage is void and totally null. marriage does not exist

but you might want to get it for clarity of the record and collateral issues
- dividing assets
- children issues

Question 3

Grounds for an annulment

Answer 3

VOID MARRIAGES [marriage does not exist; nonwaivable]

[capacity issues]

(1) Bigamy
- either person has another living spouse

(2) consanguinity
- No incest = cannot be ancestor, descendant, sibling, or lineal relative up or down one generation [aunt, etc.]
- first cousin or step-sibling is allowed

[procedural issues]

(3) defective licensing or solemnization

defenses = impediment does not exist

-

VOIDABLE MARRIAGES [marriage can be void, but will not be unless you get it annulled; waivable]

(1) age
– need to be 18 or older unless judicial emancipated
— ratification if continue after age 18

(2) duress
– free will required
– waived if cohabit after threat is removed

(3) mental incapacity
– must be of sound mind
– incapacity = illness, influence of drugs or alcohol at time of marriage, intellectual disability, advanced dementia

(4) incurable impotence [inabiltiy to have sex]
- not inability to make babies
- other party had to have had no knowledge of the condition before marriage
- cannot ratify marriage upon discovery

(5) fraud
[see other card]

defenses =

(1) impediment does not exist

(2) laches

(3) ratification [continuing relationship after impediment removed]

(4) estoppel

(5) lack of proper jurisdiction

(6) failure to meet burden of proof

(7) claim barred by res judicator

Question 4

fraud as grounds for voidable marriage / annulment

Answer 4

misrepresentation or concealment from the other a fact that goes to an essential aspect of the marriage

–
statutory grounds for fraud:

(a) failure to disclose felony conviction

(b) pregnancy with another person

(c) failure to disclose work as prostitute

–
Case law examples of fraud:
(a) religion

(b) procreation/sex

–
money/property/ social standing are NOT grounds for fraud