Annulment Option: Refusal To Conceive And Have Children

Annulment is a different way to end a marriage, treating it as though it never existed. To get an annulment, you must prove that the marriage is either void or voidable. A void marriage is one that was never legally valid, such as when one or both parties are under the legal age to marry, or when the marriage is based on bigamy or incest. A voidable marriage is one that was legally valid but meets certain criteria, such as a lack of consummation, fraud, or duress. While the specific grounds for annulment vary by state, a spouse's inability or refusal to have children is generally not considered sufficient for annulment. However, if this was concealed prior to the marriage, it could be considered fraud, which is a valid ground for annulment in some states.

Fraud or misrepresentation

Annulment is a way of ending a marriage that treats it as though it never existed. A marriage can be annulled when the law considers it to be either void or voidable. A void marriage is one that was never legally valid, such as when there is bigamy or incest involved. A voidable marriage, on the other hand, is one that was legally valid but meets certain conditions, such as lack of proper consent or fraud.

Fraud is a valid ground for annulling a marriage, but it is not always simple to prove. The fraud must "go to the very essence of the marital relation", meaning it directly affects the deceived party's purpose in consenting to the marriage. For example, if a spouse concealed their existing pregnancy, their intention not to live with the other spouse, or their intention not to have children, this would be considered fraud and could lead to an annulment.

In some jurisdictions, courts have traditionally interpreted fraud in annulment cases narrowly, requiring that the misrepresentation relates to the "essentials of the marriage", such as sex or procreation. However, there is a modern trend towards a more subjective and individualized approach, where the court considers whether the misrepresentation was fundamental to that particular marriage, rather than to marriage in general. This shift treats marriage more like a contract between two individuals.

It is important to note that annulments based on fraud must be sought within a certain timeframe, and continuing to live with a spouse after learning about the fraud may impact the ability to obtain an annulment. Additionally, annulment may have consequences such as impacting alimony or property rights, so it is advisable to consult a family law attorney before making any decisions.

Mental incapacity

In some jurisdictions, a marriage can be annulled if either spouse lacked the capacity to consent. This can include serious mental illness, or being highly intoxicated. In such cases, the marriage is considered void, or voidable.

In the US, Florida law specifically addresses divorce and mental incapacity. If a spouse lacked mental capacity at the time of the marriage, the marriage is not considered lawful and an annulment can be petitioned. However, if a spouse becomes incapacitated after the marriage, the other spouse can file for divorce by pleading "mental incapacity of one of the parties".

In the Philippines, the Supreme Court has ruled that psychological incapacity can be grounds for declaring the nullity of marriages. This is defined as a personal condition that prevents a spouse from complying with fundamental marital obligations. Importantly, this condition does not need to be a mental or personality disorder, nor does it need to be permanent or incurable. However, for a marriage to be declared void due to psychological incapacity, elements such as gravity, incurability, and juridical antecedence must be proven.

Physical inability to consummate the marriage

The consummation of a marriage is the first act of sexual intercourse following the wedding ceremony. In many traditions, this refers specifically to heterosexual intercourse, and some religious doctrines prohibit the use of contraception during this act.

In some legal systems, a marriage may be annulled if it has not been consummated. This is the case in England and Wales, where a refusal or inability to consummate a marriage is a ground for annulment. However, this only applies to heterosexual marriages. Other common-law jurisdictions, such as Australia, have abolished the legal concept of consummation.

In the past, courts in Canada have stated that the inability to consummate a marriage must be a permanent issue and not one that could be cured. More recently, however, courts have lessened this stance, acknowledging that impotence can arise from physical or psychological incapacity.

If you are seeking an annulment on the grounds that your marriage has not been consummated, you will likely need to provide proof of this fact. The burden of proof will fall on the person seeking the annulment, who must satisfy the court that their spouse is incapable of consummating the marriage. This may be achieved through the use of affidavits or medical evidence.

Underage and without parental consent

In the Philippines, a person must be 18 years old to marry. If an individual marries before reaching this age, their union is void. If they marry between 18 and 21, they must obtain parental consent before the Local Civil Registrar (LCR) can issue a marriage license. If parental consent is not given, the marriage is still valid unless it is annulled within five years of the individual turning 21.

In the UK, a person under 18 (or under 16 if the marriage took place before 27 February 2023) cannot legally marry without parental consent. If an individual marries below the legal age, their marriage is void and can be annulled.

In the US, most states require parental consent for minors to marry. Generally, persons under 18 must have parental consent to marry as they are not of legal age to consent. If an underage person obtains a marriage license without parental approval, the marriage can be annulled.

Coercion

To break the coercive cycle, both parents and children need to learn healthy emotion regulation strategies. Interventions targeting coercive parenting practices can be effective in preventing the escalation of conduct problems. Educating parents and children about proper regulating strategies can also help disrupt the cycle.

Impact on Children's Development

In summary, coercion in marriage and parenting can have significant negative consequences on family dynamics and children's development. It is important for spouses and parents to recognise coercive behaviours and seek appropriate interventions to foster healthy and respectful relationships.

Frequently asked questions