Annulments

A marriage that was unlawfully or illegally entered into is void and may be annulled. An annulment differs from a divorce, in that a divorce recognizes that a valid marriage existed. From a legal standpoint, a marriage that is annulled is treated as if it never transpired in the first place. Grounds for annulment may include:

· Bigamy - A marriage may be annulled if one of the parties has a living, undivorced spouse from a prior marriage.

· Insanity, intoxication, or other incapacity - A marriage may be annulled if either party did not have the mental capacity to understand what they were doing.

· Homosexual and transsexual persons - In Florida, a marriage between persons of the same sex, or between a postoperative transsexual person and a person of the gender that was attributed to the transsexual at birth, is void.

· Fraud - A party who has been the victim of a marriage ceremony procured by the fraud and deception of the other party, may sometimes seek an annulment upon discovery of the fraud, as long as the marriage has not been consummated.

· Duress, coercion, and undue influence - A marriage procured as a result of an improper or unlawful act of another that destroys a party's free will to act may sometimes provide grounds for an annulment.

· Consanguinity - A marriage between parties who are prohibited by law from marrying because of consanguinity may sometimes be annulled.

· Impotence - A marriage may sometimes be annulled if one of the parties does not have the power to copulate.

Since a marital contract must be voluntarily entered into in good faith for the purpose of preserving the relationship of husband and wife as the foundational unit of society, thereby promoting the general welfare, marriages that are entered into for other purposes may be found to be void or voidable. For example, a marriage entered into between a woman and her son-in-law to ensure her inheritance from her deceased husband has been held invalid as foreign to the purpose of marriage.

Similarly, a marriage that is entered into for the sake of an unborn child and is never consummated is voidable and may be annulled by either party. Such a marriage is contrary to public policy since it does not promote the preservation of the husband-wife relationship.

Because an annulment can be an intricate matter that brings up a number of legal questions potentially affecting a party’s rights and obligations, it is not necessarily easier or less expensive to obtain than a divorce. Therefore, it is wise to consult a qualified family attorney to help you with these issues. The Law Offices of Robert L. Bogen can assist you in determining if you have grounds for an annulment, and in determining if annulment is in your best interests.