Annulment

Question 1

What is annulment action based on?

Answer 1

Issues that predate the marriage

Question 2

What are the two types of marriages in an annulment action?

Answer 2

Void or voidable

Question 3

What is a void marriage?

Answer 3

Totally null and nonexistent.

Question 4

What are the reasons to annul a void marriage?

Answer 4

Clarity of the record - they’re not married

Collateral issues - dividing assets or dealing with children

Question 5

What are the two grounds for a void marriage in VA?

Answer 5

Bigamy

Consanguinity/incestuous

Question 6

Grounds for annulment of consanguinity based marriage?

Answer 6

Cannot be ancestor, descendant, sibling, lineal relative up and down one generation

First cousin or step sibling marriages allowable

Question 7

What are grounds for voidable marriage?

Answer 7

Age - 18 and up (can ratify by continuing relationship past 18)

Mental incapacity

Incurable impotence

Fraud - aspect essential to the marriage

Question 8

What are statutory or case law examples of fraud in a VA voidable marriage?

Answer 8

Failure to disclose felony conviction

Pregnancy with another party

Failure to disclose prostitution (secret Ho)

Religion

Procreation/sex

Question 9

What is not a fraudulent misrepresentation?

Answer 9

Money
Property
Social standing

Question 10

What are the defenses to annulment?

Answer 10

Void marriages - no impediment

Voidable - Ratification
Laches
Estoppel
Lack of jurisdiction
Failure to meet burden of proof
Claim barred by res judicata