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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.

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Weiner & Weiss, LLC
Weiner & Weiss, LLC
1900 Glades Road Suite 351 Boca Raton, FL 33431
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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.

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