Legal Question in Family Law in California

What is the criteria for annulment.? For example, fraud.


Asked on 8/04/13, 7:10 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

A judgment of nullity on the ground of �fraud� is proper only in extreme cases where the particular fraud goes to the very essence of the marriage relation. �A marriage may be annulled for fraud only in an extreme case where the particular fraud goes to the very essence of the marriage relation.� (In re Marriage of Ramirez (4th Dist. 2008) 165 Cal.App.4th 751, 757.)

The particular fraudulent intention must relate to the sexual or procreative aspects of marriage. In the absence of this type of fraud, the longstanding rule is that neither party may question the validity of the marriage upon the ground of express or implied representations of the other with respect to such matters as character, habits, chastity, business or social standing, financial worth or prospects, or matters of a similar nature. (In re Marriage of Meagher and Maleki (4th Dist. 2005) 131 Cal.App.4th 1, 3.)

Read more
Answered on 8/13/13, 7:58 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California