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.