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When to Seek Annulment

Quick Facts

Annulment proceedings must be started within 90 days of learning of the facts that permit annulment.
Annulment is similar to voidable marriage.
Death of spouse prevents annulment.

An annulment can be sought by any of the following persons, under circumstances that are similar to voidable marriages.

Capacity to Marry

When one or both parties to the marriage lacked capacity to consent to the marriage, the annulment may be sought by either party or by the legal representative of the party who lacked capacity to consent. Proceedings must commence no later than 90 days after the petitioner obtained knowledge of the incapacitated person's condition. If the 90 days has passed, then the marriage cannot be annulled; however, a divorce may still be obtained.

Consummation

When a party lacks the ability to consummate the marriage by sexual intercourse and the unaffected party did not have knowledge of the condition, then either party may initiate proceedings. The proceedings must commence no later than one year after the petitioner obtained knowledge of the condition. This means that an affected person who knows about the condition before the marriage might not be able to annul the marriage.

Underage

When a party is under the age of consent, then the underaged party, or the party's parent or guardian, before the time the underaged party reaches the age of consent, may initiate annulment proceedings.

Death of Spouse

Proceedings must be started within the times specified, but in no event may an annulment be sought after the death of either spouse.