Annulments

Question 1

Putative Spouse Doctrine

• elements
• rule
• policy

Answer 1

1) Proof of proper ceremony
2) one/both parties had a “good faith belief” that Marriage was valid
3) “good faith belief” means an ‘honest & reasonable’ belief of validity (no blind eye to information or suspicions)
4) Some Jx require Cohabitation for a certain period of time.

Rule: The innocent Putative spouse is entitle to the rights of a legally married spouse @ divorce.

Policy: Equitable relief for those that pursued marriage in good faith; promotes marriage & protects those that properly enter a marriage.

Question 2

Relief in Annulment action

*what kinds are available Jx ddx

Answer 2

Most Jx: No Property division

Some Jx: STATs specify, but differentiate Anullment from D.

Other Jx: STATs specify that Anulment should be treated as D.
* Some may require putative spouse

Other Jx: STATs are not explicit, so the CT:

(a) treats it like a divorce
(b) treats it like no marriage, so no nothing

However, Most of this requires an innocent putative spouse.

Therefore, parties may need to seek relief through other means: equitable distribution, contract law (reasonable reliance), cohabitation means.

Question 3

Grounds for Annulment: VOID

*list 8

Answer 3

1) Incest
* UMDA: 1st cousins are ok
* stds of “removal” in the family tree differ

2) Lacked Capacity
* includes intoxication if party was intoxicated such that ‘lacked capacity’ def satisfied.
* may also capture “joke marriage”
3) Bigamy

4) Polygamy
5) Gay/Transsexual
6) “Joke” marriage
7) Fraud in the Inducement
8) Underage, or lacked parental consent

Question 4

Grounds for Annulment: VOIDABLE

*list 5

Answer 4

1) Impotency (lack of “physical capacity”)

2) Lacked [mental] Capacity
* includes intoxication if party was intoxicated such that ‘lacked capacity’ def satisfied.
* may also capture “joke marriage”

3) Underage, lack parental consent
4) “Joke” marriage
5) Fraud in the Inducement

Question 5

Underage Marriage
(or lacked parental consent)
Jx Ddx
Ratification

Answer 5

Some Jx: VOID by STAT
Other Jx: where STAT does not specify: presume it is voidable

Where voidable: may be ratified as valid if cohabitation beyond the age of consent. Then, it is no longer voidable.

Question 6

Void Marriage (def)

Answer 6

A void marriage is one that never existed in the first place, nor will the state recognize it as legitimate or confer the rights of marriage persons onto parties to a void marriage. Offense strong/strident public policies

Question 7

Voidable Marriage (def)

Answer 7

Marriages that are valid until one or both of the parties petition the court for an annulment. However, 3Ps may petition the court for an annulment on equity grounds (e.g.: gold digger marries a guy, he dies soon thereafter but he never wrote a will; the daughter may petition the court to void the marriage on some voidable grounds, but may not use Impotency as a ground).

Question 8

Lacked Capacity

• def
• policy

Answer 8

“lacked capacity to understand the nature of the marriage contract & duties & responsibilities it creates.”

Policy: Equity, Consent, anti-Fraud

Note: intoxication, joke marriages, Alzheimer’s, mental retardation

Question 9

Incest

• UMDA
• standards
• policy

Answer 9

UMDA: 1st cousins OK (but that thats the limit).

Stds of “removal” in family tree differ from Jx to Jx.

Policy: genetic diversity, harm to children, coercion/fraud/duress, family harmony

Question 10

Bigamy & Polygamy

• defs
• policy

Answer 10

Bigamy: two parties marry while one or both of them are still married to other people.

Polygamy:

Question 11

Homo/Trans-Sexual

*Jx ddx

Answer 11

If Voided by STAT via “no homo marriage.” For Transsexuals, if parties get married, but it is later discovered that one of the parties is the same sex as the other, then where prohibited the marriage is VOID.

However, if there’s a secret penis, then Putative Spouse Doctrine may apply.

Question 12

Right to Interracial Marriage

case & holding

Answer 12

Loving v. VA: RT to Marry is a fundamental liberty right under 14A-SDP … applies to interracial couples, and the STs may not infringe.

Question 13

Annulment

• def
• Jx ddx

Answer 13

“a declaration recognizing that the marriage attempted by the parties never came into existence at all b/c of a fatal impediment at the time of formation”

Some Jx: STATs govern asset division & custody

Some Jx: No rights upon dissolution

Some Jx: Treated as a marriage & divorce
& no support unless Putative Spouse Doctrine applies.