An annulment is the process is that declares that a marriage never existed. To get a marriage annulled your marriage must be “void,” an invalid marriage from the beginning or “voidable,” a marriages that appeared to be good but latter discover to be a problem. The grounds for an annulment may not be just that the parties have not “consummated” the marriage, there must be something more. However, consummation can cure some voidable marriages. The best example is the couple that went to Vegas, and married. The Wife claims she was drunk, but then latter has sexual relations with her husband. She cannot claim that she was wronged and has waived her claim for an annulment.
Examples of a Void Marriage:
- Both underage people
- One spouse was permanently mentally incapacitated and unable to consent to marriage.
Examples of Voidable Marriages
- Temporary insanity – one spouse was suffering from a serious but temporary mental problem
- Under the influence of intoxicating alcohol or drugs – non compos mentis.
- Fraud or misrepresentation to trick the spouse into marriage.
- Duress – extreme coercion.
- One spouse is underage and entered the marriage without the consent of a parent or guardian.
- The fraud of impotence.