Re: Florida Law for Marriage Anullment

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On 3/12/01, Raymond wrote:
> I am looking for information on anything related to Florida
> Law about marriage anullment. Phone numbers, websites
> anything .. Thank you for your help.

I had to do this for a paralegal class.... this is what I
found....may be a little too late but found your chat on a
search for the same....It drove me crazy looking for a
statute or proceedure after reviewing Floridat statutes Civil
Practice and procedure chapter 61 and Chapter 741-752 I think
the following memorandum which I did not write but I cannot
seem to find the cite.... anyway, generally good
information....

FLORIDA ANNULMENT OF MARRIAGE

Marriages can be formally terminated either by
dissolution or by annulment. An annulment is usually
preferred for religious reasons, and is accompanied by a
church annulment procedure. A decree annulling a marriage is
grounded on the fact that a valid marriage never existed,
either because the marriage was void or voidable. A void or
voidable marriage may be terminated by dissolution or
annulment.

Florida has no special rule or statute which governs
annulment. The general venue statute is followed and the
action is commenced in circuit court. The proceeding may be
brought by the innocent party, by his or her heirs or legal
guardian. The action may not, however, be maintained by an
alleged next friend of an incompetent adult. The action may
apparently be brought at any time.

With the proper factual situation, the courts might allow
parents to seek annulment of the marriage of an underage
child, when in the best interest of the child, since some
other contracts made by under age children may be set aside
upon the initiative of their parents or guardians.

Annulment is an appropriate method of termination of the
marriage where one of the parties lacked the capacity to
contract; either because of a prior existing marriage,
extreme intoxication or lack of the requisite mental capacity.

A lack of physical capacity to consummate the marriage
may also be sufficient grounds for annulment, although
impotency should not be confused with sterility.

If the lack of intent to contract or to fulfill the
contract can be proven, the marriage can be annulled. Lack
of consent to the marriage can manifest itself in a marriage
ceremony held in jest. A marriage was annulled where the
older brother of the father of a woman's child married her
solely for the purpose of preventing the child from being
illegitimate and with no intent that the marriage be
consummated.

A marriage induced by fraud and deceit can be annulled
where the marriage has not been consummated.
Misrepresentation of pregnancy, alone, has been held an
insufficient reason for annulment. It appears, however, that
sexual intercourse operates as a complete ratification of a
marriage otherwise voidable.

A marriage entered into under duress may be annulled if
the duress dominated throughout the relationship of the
parties to the extent that one party was prevented from
acting as a free agent.

Despite the fact that the contesting party may prove some
of the previously mentioned defects in the marriage,
annulment may not be allowed, where that party has ratified
the marriage. If the person seeking annulment is aware of
the defects and nevertheless confirms the marriage, it is
deemed ratified and not later subject to annulment. In
effect, the complaining party has waived his right to contest
the contract, unless it can be shown that the person
ratifying the agreement was not aware of all of the material
facts and therefore could not have knowingly waived his
rights. See Lambertini v. Lambertini, where the Third
District Court of Appeal reversed the granting of an
annulment where the parties cohabitated for thirty years,
held themselves out as husband and wife, bought property as
tenants by the entireties, bore and raised two children and
the testimony showed the parties reasonably relied on the
marriage.