Annulment Flashcards

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1
Q

annulment

A

judicial declaration that marriage is invalid and thus never occurred

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2
Q

grounds for annulment

A

bigamy/polygamy: previous unterminated marriage
consanguinity: too closely related
non-age: one spouse under statutory age @ time of marriage
incurable physical impotence: unable to perform normal sexual relations
**incapacity to consent: **lack of capacity to consent
- mental incompetence (mental infirmity, drugs, alcohol)
- fraud or duress

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3
Q

annulment agrounds effect

A

bigamy/polygamy: void
consanguinity: void
non-age: voidable
incurable physical impotence: voidable
incapacity to consent: voidable

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4
Q

spousal support

A

many states: temporary support during annulment dispute

few states: support after annulment

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5
Q

division of property

A

puts parties back in position before marriage commenced

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