Annulment Flashcards

1
Q

Annulment means a marraige is either…

A

void or voidable.

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2
Q

Either party may institute a suit for annulment when a marraige is alleged to be void or voidable because…

A
  1. The marraige was not properly licensed or solemnized;
  2. The marraige was prohibited by bigamy of consanguinity (incest);
  3. Either party lacked the capacity to consent due to mental incapacity or infirmity, or
  4. There was fraud or duress.
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3
Q

The grounds on which an aggreived party may institute suit for annulment are:

A
  1. When a party was incapable of consenting at the time of marraige;
  2. When a party suffered from impotency of the body when the marragie was entered into (ED);
  3. When before the marragie, either party, without the knowledge of the other, had been convicted of a felony;
  4. When either spouse had a child by someone else within 10 months of the marriage;
  5. If, before the marraige, either party had been, without the knowledge of the other, a prostitute.
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4
Q

An anulment will not be granted if the parties have been married for more than…

A

two years.

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5
Q

If an annulment is due on fraud or duress, the lack of ability to consent, or impotency, conviction of a felony, having a child with another person, or prostitution, an annulment will not be granted if the party applying for such…

A

cohabitated with the other party after learning of the situation.

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