Annulment Flashcards
What is annulment?
backwards-looking doctrine that declares a marriage invalid because legal impediment existing at time married renders marriage legally void OR voidable
What is a void marriage? How does it become void?
-invalid (utterly null) marriage
-some essential requirement for legal marriage not met
Once an annulment decree entered, __________.
parties treated as though never married
Can a subsequent act ratify a void marriage?
No
Who may seek annulment?
-any interested party
Can annulment be brought following death of a spouse?
Yes, subject to collateral attack
Examples of void marriage?
1) bigamy/polygamy
2) consanguinity
If question re prior marriage that wasn’t successfully ended before new marriage, subsequent spouse has what 2 arguments?
1) strong presumption that latest marriage is valid
2) IF prior marriage later terminated by divorce/annulment/death, continued cohabitation validates second marriage per UMDA
Are collateral attacks allowed for voidable marriages?
No
What is a voidable marriage? How does it become voidable?
-legal impediment existed at time married (but OK until deemed void)
-one spouse brings suit to have annulled
Can voidable marriages later be ratified? If so, how?
Yes; by…
1) continued cohabitation AFTER impediment removed
*NOTE: ratification means marriage can’t later be annulled
What issues may make marriage voidable?
1) nonage
2) incurable physical impotence
3) lack of capacity
4) duress
5) fraud
What is the effect of an annulment?
marriage treated as if it never existed
What defenses available for a void marriage claim?
ONLY defense is to deny existence of impediment rendering it void
What defenses available for a voidable marriage claim?
generally ratification (though some equitable defenses may exist)
