A woman recently approached us with an inquiry regarding the annulment of her marriage. She has been married to her husband for 13 years. However, one couldn’t call this a “happy” union, as it isn’t much of a union at all other than on paper. Though the couple do share a child, he was born before their legal marriage. According to the wife, her husband lives with another woman if she is his wife, and the two share multiple children. The woman asks us to determine whether this is enough to receive a marriage annulment.
The short answer to her question is simply no. However, if we were provided with more information regarding the marriage, we would be able to provide more insight. For example, did the couple live together AT ALL (even one night) after the marriage ceremony? Did the couple have sex AT ALL after the marriage ceremony? Was the husband already sleeping with someone else when the couple was officially married? There’s a case called Marriage of Johnson, (1993) 18CA4th 499, 502, which suggests that a spouse’s intent to ignore his/her marital obligation of fidelity may support a finding of fraud, which is one of the few grounds for a voidable marriage, and thus an annulment. If this is indeed the scenario for this woman, she could possibly obtain an annulment. With that being said, she should consult with an attorney to see if she is able to avoid a formal divorce, or if she will need to file for dissolution of marriage.
For additional information on marriage, divorce, and family law, please visit our website: http://stanprowse.com/family-law-2