Understanding Annulment: Declaration of Invalidity
What is an Annulment or Declaration of Invalidity?
An annulment or declaration of invalidity is a legal process in which a marriage is declared invalid as of the date of the marriage.
Grounds for Annulment
There are several reasons why a marriage might be eligible for annulment or declaration of invalidity, which include the following:
(a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances.
(b) A party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not at the time the marriage was solemnized know of the incapacity.
(c) A party was under the age as provided by law and did not have the consent of his parents or guardian or judicial approval as provided by law.
(d) One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage.
(e) One or both parties entered into the marriage under duress exercised by the other party or a third party, whether or not such other party knew of such exercise of duress.
(f) One or both parties entered into the marriage as a jest or dare.
(g) The marriage is prohibited by law, including the following:
(I) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
(II) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;
(III) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures;
(IV) A marriage which was void by the law of the place where such marriage was contracted.
C.R.S. Sec. 14-10-111.
Contact Ranson & Kane PC
If you believe you may be eligible to obtain an annulment or declaration of invalidity, contact Ranson & Kane PC today for potential representation.
The following information does not constitute legal advice and is simply offered for informational purposes. No attorney client relationship is formed with Ranson & Kane PC until Ranson & Kane PC has been retained by the client and signed an engagement agreement.
