561.391.1333 1900 Glades Road, Suite 351, Boca Raton, FL 33431
Weiner & Weiss, LLC
Competent Exceptional Accessible Compassionate

Can I Get My Marriage Annulled?

Often parties in very short term marriages realize they made a mistake and want to have their marriage annulled. However, where a marriage is validly contracted it should not be dissolved other than by divorce, or by a decree of annulment supported by allegation and proof of recognized grounds for annulment of marriage.  Unlike, Dissolution of Marriage, Annulment is not governed by statute or rule. It is a common law action in equity to terminate a void or voidable marriage. 

What is a Void Marriage?

A void marriage is a marriage that was never valid from the start and cannot be made valid. Examples of void marriage are: Incestuous marriages which are prohibited by Florida Statute §741.21 ;

  • 741.21: A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew.

Also, and (much more common) is that a marriage is void if one of the parties to the marriage is already married.  We see this happen when one party never had their prior divorce finalized.

What is a Voidable Marriage?

A voidable marriage is a marriage that is valid until declared invalid.

A marriage may be annulled for any cause which has prevented the parties from contracting a valid marriage. The invalidity of a marriage may arise from:

 (1) a want of legal capacity to contract, or a statutory prohibition against the type of marriage in question,  

(2) a want of mental capacity to contract,

(3) a lack of actual consent to the contract,

(4) a consent wrongfully procured by force, duress, fraud, or concealment, and

(5) a lack of physical capacity to consummate.

Sack v. Sack, 184 So.2d 434 (Fla. App. 3 Dist., 1966).

However, a marriage that has been consummated cannot be annulled for fraud, Brown v. Taylor, 889 So.2d 1016 (Fla. App., 2005).

At Weiner & Weiss, LLC, we handle annulment cases along with all other aspects of Florida Family Law.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

Weiner & Weiss, LLC
Weiner & Weiss, LLC
1900 Glades Road Suite 351 Boca Raton, FL 33431
561.391.1333 There Is No Substitute for Experience

Weiner & Weiss, LLC is located in Boca Raton, FL and serves clients in and around Boca Raton, Delray Beach, Deerfield Beach, Pompano Beach, Palm Beach, Pahokee, West Palm Beach, Fort Lauderdale, Hollywood, Dania, Loxahatchee, Pembroke Pines, Broward County and Palm Beach County.

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]

See our profile at Lawyers.com or Martindale.com.

LexisNexisLexisNexis, Martindale-Hubbell and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.
© 2012 LexisNexis. All rights reserved.

Quick Contact Form
  • This field is for validation purposes and should be left unchanged.