Marriages
can be formally terminated either by dissolution (also
known as a divorce) or by annulment. An annulment
is usually preferred for religious reasons,
and is accompanied by a church annulment procedure. A
decree annulling a marriage is grounded on the fact that
a valid marriage never existed, either because the marriage
was void or voidable. A void or voidable marriage
may be terminated by dissolution or annulment.
Florida
has no special rule or statute which governs annulment. The
general venue statute is followed and the action is commenced
in circuit court. The proceeding may be brought by
the innocent party, by his or her heirs or legal guardian. The
action may not, however, be maintained by an alleged next
friend of an incompetent adult. The action may apparently
be brought at any time.
With
the proper factual situation, the courts might allow parents
to seek annulment of the marriage of an underage child,
when in the best interest of the child, since some other
contracts made by under age children may be set aside upon
the initiative of their parents or guardians.
Annulment
is an appropriate method of termination of the marriage
where one of the parties lacked the capacity to contract;
either because of a prior existing marriage, extreme intoxication
or lack of the requisite mental capacity.
A
lack of physical capacity to consummate the marriage
may also be sufficient grounds for annulment, although
impotency should not be confused with sterility.
If
the lack of intent to contract or to fulfill the contract
can be proven, the marriage can be annulled. Lack
of consent to the marriage can manifest itself in a marriage
ceremony held in jest. A marriage was annulled where
the older brother of the father of a woman's child married
her solely for the purpose of preventing the child from
being illegitimate and with no intent that the marriage
be consummated.
A
marriage induced by fraud and deceit can be annulled where
the marriage has not been consummated. Misrepresentation
of pregnancy, alone, has been held an insufficient reason
for annulment. It
appears, however, that sexual intercourse operates as a
complete ratification of a marriage otherwise voidable.
A
marriage entered into under duress may be annulled if
the duress dominated throughout the relationship of the
parties to the extent that one party was prevented from
acting as a free agent.
Despite
the fact that the contesting party may prove some of the
previously mentioned defects in the marriage, annulment
may not be allowed, where that party has ratified the marriage. If
the person seeking annulment is aware of the defects and
nevertheless confirms the marriage, it is deemed ratified
and not later subject to annulment. In effect, the
complaining party has waived his right to contest the contract,
unless it can be shown that the person ratifying the agreement
was not aware of all of the material facts and therefore
could not have knowingly waived his rights. See Lambertini
v. Lambertini, where the Third District Court of Appeal
reversed the granting of an annulment where the parties
were cohabitants for thirty years, held themselves out
as husband and wife, bought property as tenants by the
entireties, bore and raised two children and the testimony
showed the parties reasonably relied on the marriage.
So,
if you believe you qualify for an annulment, seek the
advice and assistance of Colleen White Law. You may
find that a dissolution of marriage will be far easier,
less expensive and faster.
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