Judicial Annulment

Question 1

Judicial Annulment

Answer 1

judicial declaration that by reason of an impediment existing at its inception, a purported marriage does not exist and never have existed

Question 2

annulment v. divorce

Answer 2

• annulment: void or voidable at its inception
• divorce: dissolution of a valid marriage

Question 3

Consequences of an annulment v divorce

Answer 3

annulment: legal effects are retroactively invalidated
divorce: prop. division, spousal support, insurance, social security benefits

Question 5

Grounds for an annulment

Answer 5

• consanguinity/affinity
• physical incapacity for marriage
• incapacity to consent
• underage
• lack of intent to marry each other
• lack of solemnization
• existing valid marriage
  (7; can perry ignore uncle larry later evening)

Question 6

void

Answer 6

• requires no judicial declaration or action to establish its invalidity
• may not be ratified by subsequent acts of parties

Question 7

voidable

Answer 7

• requires judicial declaraction of nullity
• may be ratified by the aggrieved party’s voluntary conduct
• decree not retroactive (as annulments usually are) if court deems that the interest of justice would be better served by making it non-retroactive (actions in past)

Question 8

Who can seek annulment?

Answer 8

• aggrieved party
• parent (underage ground)
• guardian (mental disability ground)
• state officials or children of parties ( bigamy, mental incapcity ground)

Question 9

annulment defenses

Answer 9

• antenuptial knowledge
• statute of limitations
• effect of death
• ratification
• unclean hands/estoppel

Question 10

Annulment suits usually occur

Answer 10

• at one spouses discovery of an impediment
• at marriage breakdown OR
• at one of the spouses death

tends to be. a retroactive action