Basics of Annulment

An annulment is when a party seeks to have the marriage to be determined as invalid.  In a sense, an annulment seeks to “undo” the marriage, as if the marriage never happened.  First, for an annulment to be considered by the Court, the marriage must have been a valid marriage.  Next, there have to be grounds (a reason for the Court to grant the annulment) that were present at the time of the marriage.  Grounds for annulment include:  1) lack of consent or capacity, 2) lack of intent to be bound by the marriage, 3) existence of bigamy or polygamy, 4) if the marriage is incestuous, 5) under the statutory age of consent, and 6) incurable physical impotence. 

 

Lack of consent or capacity

Each person must knowingly and voluntarily enter into the marriage.  The marriage may be annulled if one or both of the parties did not agree to enter into the marriage, were forced or coerced into the marriage, did not have the mental capacity necessary to understand they were entering into a marriage (although there are some additional issues when drugs and/or alcohol is involved), or the marriage was a fraud.

 

Lack of intent to be bound by the marriage

Each person must intend to accept the rights and responsibilities that come along with marriage.  If two parties marry solely so one can attain citizenship, this marriage may be annulled.

 

Existence of bigamy or polygamy

If either party has another living spouse, the marriage may be annulled.

 

Incestuous marriage

An individual cannot marry a direct blood ascendant or descendant such as a parent, sibling, or aunt/uncle, or cousin.  If your marriage would make your family tree a wreath, you probably can’t do it!

 

Age of consent

In Florida, the legal age of consent is 18.  If an individual is under 18, there are some exceptions.  If a party is married while underage and does not meet an exception, the married may be annulled.

 

Incurable physical impotence

If the other party is not aware of the incurable physical impotence before the marriage the marriage may be annulled.  If the individual is unaware of the incurable physical impotence until after the marriage; but consents or agrees to the situation, this is not grounds for annulment.

 

Defenses to Annulment

The defenses most frequently raised are that the charging party consented after the marriage, or ratified the marriage by their conduct or behavior. 

 

Alimony

Generally permanent alimony is not awarded; however temporary alimony while annulment proceedings are pending is possible.

 

Property Division

The Courts will try to put the individuals in the same position they were in prior to the marriage.

 

Note:  this article is a very general discussion of the grounds for an annulment.  Please contact my office for an appointment to discuss how the law may apply to your unique situation.

How to approximate marriage rights

Although this article, “How to Approximate Marriage Rights,” from the Orlando Sentinel was specifically written for same-sex couples in response to the Amendment 2 ban on same-sex marriage, this article is equally important to unmarried heterosexual couples.

By implementing a number of legal documents, a couple can come close to the same legal rights as marriage without being married.

Documents to achieve this goal are:  a will, a living will, durable power of attorney, real property deed, healthcare surrogate/healthcare power of attorney, domestic partnership agreement, co-parenting agreement, and a designation of funeral arrangements. 

Of course, each of the above-listed documents carries pros and cons.  Before you decide to sign any of these documents, please consult contact my office to schedule an appointment so we can achieve your goals while minimizing your risk. 

Read the full article.

Tips to Avoid Mistakes Women Make When they Marry

Here are the highlights of Lenore Skomal’s article, “Finances:  Tips to Avoid the Top Seven Mistakes Women Make When They Marry.”  Some of these may be more “doable” than others, but these tips offer your best protection.

1. Take charge of the finances and have a workable budget.
2. No joint anything–especially accounts.
3. Don’t give up your potential to earn money.
4. Know your property rights.
5. Save for retirement.
6. Have a will.
7. Understand the tax forms you sign.

Go here for the full article.

Common Law Marriage in Florida

Unless the common law marriage was entered into in Florida before January 1, 1968, Florida itself does not recognize a common law marriage.  However, if the common law marriage was valid in another state and the couple then moves into Florida, Florida will recognize a valid common law marriage from another state.

If you are unsure about the validity of a common law marriage in Florida, contact a local family law attorney!

Source:  “It’s the Law:  A Common Law Marriage Cannot be Created in Florida,” by William Morris, Esq., Marco News.

12 Debt Questions to Ask Before You Get Married

While these questions are purely for guidance, if the answers to these questions raise red flags, perhaps an appointment with a financial planner is in order before an appointment with a wedding planner!

1. How many credit cards do you have?
2. What are the balances and interest rates on each of those cards?
3. Do you pay your bills ahead of time, on the due date or late?
4. Are there dings on your credit history that might affect our ability to reach our financial goals?
5. What is your credit score?
6. Can I see your credit report?
7. Do you have any regular “guilty pleasures” (like buying Coach purses, gambling or Xbox games) that I need to know about?
8. What are our financial goals (salary and saving expectations, retirement plans, future education, etc.)
9. Do you have any assets (real estate, investments, retirement funds, savings accounts)?
10. Do you want children? If so, what are your (our) financial plans for supporting them?
11. Do you owe any debt from a previous marriage? Are there any financial obligations that still need to be fulfilled to your ex-spouse?
12. How do you expect us to support your children financially from a previous marriage or relationship?

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I do = I owe? Check their financial health before you say “I do.”

We all know that many couples divorce over money.  However, few people think to ask about or get to know the financial side of their potential spouse before they take the plunge.  You may know about physical, mental, or sexual health, but what about your potential mate’s financial health?  Certainly you would want to know if you are financially compatible before you say “I do.”  Among the things you need to find out are your intended’s credit score, credit history,  spending habits, debts and assets, and guilty spending pleasures. 

You can prevent marital discord by communicating with your sweetheart about financial matters before you get married; try to make sure you are both on the same page.  Another great idea is to plot out your financial goals–whatever they may be–on a timeline.  These goals aren’t written in stone, but may be a good indicator of your financial future together. 

The best way to get this information is to ask your sweetheart about it.  A way to ease into the conversation is to offer your credit report and information, then request to see the other person’s. 

If you are the good credit person, offer to teach the less than good credit person about gaining and maintaining good credit.  

With credit information, scores, goals, and future plan in hand, you will have the knowledge you need to decide if your sweetheart’s financial future is as sweet as you hoped. 

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