Annulment of Marriage
You should be aware of time limitations to annul a marriage. An annulment may be in order if a party lacked capacity or was induced into the marriage by force, or if one spouse is unable to consummate the marriage due to physical incapacity unknown to the other party at the time of marriage, or if the marriage is prohibited.
A marriage will be declared invalid and annulled and treated as if it had never existed if the following statutory grounds for annulment are established:
Capacity To Consent
Party lacked capacity to consent because of mental incapacity, deformity, the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress, or by fraud involving the essentials of marriage.
- Who can Annul: Party / legal representative of the party who lacked capacity to consent, who was the offended party or did not know of the incapacity.
- When: no later than 90 days after the petitioner obtained knowledge of the described condition. Such marriages may be annulled even after the death of either party.
Party lacks 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
- Who can Annul: A party / legal representative of the party who lacked capacity to consent, who was the offended party or did not know of the incapacity may annul.
- When: no later than 90 days after the petitioner obtained knowledge of the described condition
Marriage Is Prohibited
Marriage is prohibited if it is incestuous or bigamous or if under KRS 402.020:
- Person has been adjudged mentally disabled by a court
- Marriage was not solemnized/contracted in the presence of an authorized person or society
- Marriage was between members of the same sex
- Marriage was between two or more persons
- When at the time of the marriage the person was under 16 years of age- unless pregnancy and such marriage judicially approved- And if such marriage was not ratified by voluntary cohabitation after turning 18
- Marriage of a minor under the age of 18 but over 16 without the consent of the either the father or the mother or both parents – And if such marriage was not ratified by voluntary cohabitation after turning 18
Who can Annul: Either party can annul.
When: no later than one obtained knowledge of the described condition (1) year after the petitioner.