What defects in a marriage contract can be grounds for annulment?

In family law, an annulment is a legal decree that declares a marriage void from its inception, effectively treating it as though it never existed. To justify an annulment, there must be a fundamental defect in the marriage contract or the circumstances of its formation.12

Common grounds for annulment include:

• Lack of Capacity: This includes incompetence due to age, mental incapacity (insanity), or the existence of a prior, undissolved marriage.123
• Absence of Consent: A marriage requires voluntary and meaningful consent. If there is no "reality of consent," the marriage may be invalidated.23
• Procedural or Legal Defects: This includes a vitiating defect in the marriage ceremony or the failure to obtain required parental consent when parties are below a certain age.23
• Inability to Consummate: The subsequent discovery of an inability to consummate the marriage is often cited as a ground for annulment.12
• Other Factors: Continued absence or abandonment, such as one party being sentenced to a long prison term, may also serve as grounds in some jurisdictions.1

Courts often apply the "clean hands" doctrine, meaning the person seeking the annulment must have acted in good faith; for example, if a party knowingly entered a marriage with an underage partner, they may be denied an annulment.1