Annulment Flashcards
1
Q
Annulment - Basic Concept
A
- backward-looking doctrine
- declares a marriage invalid b/c an impediment that existed at time of marriage makes it legally void or voidable
- once annulment decree entered, the parties are treated as though they were never married
2
Q
Void Marriage
A
- invalid-> utter nullity b/c failed to meet the essential reqs for a legal marriage
- NO subsequent act can ratify a void marriage
- parties can technically walk away from void marriage w/ no legal action
-> BUT an annulment action is usually brought anyway to determine property distribution + child custody - any interested party may seek annulment of a void marriage
- the marriage is also subject to a collateral attack (ex: by IRS, in actions other than annulment actions) even after the death of one of the parties
3
Q
Void Marriage - What Happens if Impediment Removed
A
- states vary
- Uniform Marriage and Divorce Act (UMDA) + some state statutes say if the impediment causing the voidness of the marriage is removed (ex: somebody you were married to dies + it’s technically no longer bigamy), marriage becomes valid If the parties continue to cohabit
- other states don’t allow validation -> hold that marriage remains void + parties need to marry again after impediment is gone to have a valid marriage
4
Q
Bigamy or Polygamy
A
- if either party has a living spouse, the marriage is void
- states generally presume the most recent marriage is valid, + a party must overcome the presumption by strong evidence that the prior marriage subsists
5
Q
Bigamy - Exam Tip
A
- if q involves prior marriage not successfully ended before the marriage in question, the subsequent spouse has two possible arguments:
1) strong presumption that the latest marriage is valid
2) for UMDA and some states, if prior marriage is later terminated by divorce, annulment or death, continued cohabitation validates the second marriage
6
Q
Consanguinity
A
- marriages between parties too closely related are prohibited -> most states consider void
7
Q
Voidable Marriage
A
- valid until declared null
- b/c of impediment that existed at t of marriage, one of the spouses may bring an action to have the marriage annulled
- no collateral attacks permitted
- sometimes only the party who suffered the impediment can bring the action to annul
8
Q
Voidable Marriage - Typical Broad Reason for Occurrence
A
- usually occurs when some type of event or condition affects adequacy of a party’s consent
9
Q
Voidable Marriages - Ratification
A
- unlike void marriages, voidable marriages can be remedied or ratified by continued habitation after the removal of the impediment, + ratification means the marriage cannot be annulled
10
Q
Issues That Can Make a Marriage Voidable
A
- nonage
- incurable physical impotence
-> inability to have children NOT reason for voidable though, need total inability to have sex - lack of capacity
-> mental incompetence - duress
- fraud involving the essentials of marriage
11
Q
Voidable Marriage - Nonage
A
- spouse who was under the statutory age + married w/o getting the required consent can have the marriage invalidated
- usually voidable
- underage spouse may ratify the marriage by continuing the relationship after reaching statutory age
12
Q
Voidable Marriage - Lack of Capacity
A
- may include lack of understanding, whether due to mental infirmity or influence of drugs or alcohol
13
Q
Voidable Marriage - Duress
A
- can affect consent
- ex: threat of death
14
Q
Voidable Marriage - Fraud
A
- can affect consent if involves an essential element of marriage
-> ex: misrepresentation as to ability or willingness to engage in sexual relations or bear children
15
Q
Defenses to Void Marriage
A
- would primarily need to establish that the impediment does not exist
- otherwise, in some states, might be okay if impediment has been removed + continued cohabitation
