annulment part 1

Question 1

annulment

Answer 1

based on grounds that predate the marriage

two grounds:
1) void
2) voidable

Question 2

void v. voidable marriage

Answer 2

void: entirely void-usually legal statute and grounds are not waivable not actually maried

voidable: waivable and you are married

Question 3

void marriages
and grounds

Answer 3

completely null
annulment proceeding is optional but should do it for clarity of record and collateral issues like children or assetts division

grounds:
bigamy
consanguintiy

prenups and void marraige: if marraige is void the agreement is enforceable only to extent necessary to avoid an inequitable result

Question 4

voidable marriages

Answer 4

five grounds
waived if you continue to cohabit after impediment is removed
-age
-duress
mental incapacity
incurable impotence
fraud: misrep or conceal a fact that goes to an essential aspect of the marriage

Question 5

statutory/case law grounds for annulment due to fraud

Answer 5

failure to disclsoe a felony convcition
pregnancy by/with another party
failure to disclose work as prostitue

case law:
religion
procreation/sex

Question 6

what is not a ground for voidable marriage based on fraud

Answer 6

money
property
social standing

Question 7

defenses to void/voidable marriage

Answer 7

void: impediment does not exist

voidable:
impediment does not exist
ratification (continuing relationship after impediment
laches
estoppel
lack of proper jurisdiction
failure to meet burden of proof
claim is barred by res judicata