Annulment Flashcards
1
Q
Annulment means a marraige is either…
A
void or voidable.
2
Q
Either party may institute a suit for annulment when a marraige is alleged to be void or voidable because…
A
- The marraige was not properly licensed or solemnized;
- The marraige was prohibited by bigamy of consanguinity (incest);
- Either party lacked the capacity to consent due to mental incapacity or infirmity, or
- There was fraud or duress.
3
Q
The grounds on which an aggreived party may institute suit for annulment are:
A
- When a party was incapable of consenting at the time of marraige;
- When a party suffered from impotency of the body when the marragie was entered into (ED);
- When before the marragie, either party, without the knowledge of the other, had been convicted of a felony;
- When either spouse had a child by someone else within 10 months of the marriage;
- If, before the marraige, either party had been, without the knowledge of the other, a prostitute.
4
Q
An anulment will not be granted if the parties have been married for more than…
A
two years.
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.