Annulment

Question 1

Annulment Definition

Answer 1

Is a declaration that a marriage is INVALID

Available for defective marriages that are legally VOID or VOIDABLE

Pre-Req. NOT there

Question 2

Void Marriage

Answer 2

Never Happened. Utter nullity = Bigamy, too closely related

Question 3

Voidable Marriage

Answer 3

(1) Event or condition affecting adequacy of CONSENT to marriage K
(2) Treated as valid UNTIl annulled
(3) Can be attacked only by or on behalf of a party to the marriage and in some cases only by the party who is sought to be protected
(4) Marriage can be ratified by continued cohabitation after removal of infirmity
- Non age, Duress, Lack of capacity, Fraud

Question 4

Effect of Annulment

Answer 4

(1) Marriage is set aside as if it never existed
(2) Children remain legit
(3) Child support can be awarded
(4) Spousal support may be awarded, but not in all states
(5) Property generally treated as if NEVER married, put spouses in pre-marital state