Annulment

Annulment is not governed by statute or rule. It is a common law action in equity to terminate a void or voidable marriage. Only the innocent party may seek an annulment. A marriage may be annulled for the following grounds:

The Grounds for Annulment

• A lack of legal capacity to contract, or a statutory prohibition against the type of marriage in question.
• A lack of mental capacity to contract.
• A lack of actual consent to the contract.
• A consent wrongfully procured by force, duress, fraud, or concealment.
• A lack of physical capacity to consummate.

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