Annul Marriage - If the validity of a marriage is in doubt then either party to the marriage may institute an action for annulling such marriage.
Affirm Marriage - If the validity of a marriage is in denied or doubted by either party then the other party to the marriage may institute action for affirming the marriage.
M.G.L. c. 207, §14 provides a mechanism by which married persons may seek a judgment as to the validity or invalidity of their marriage. In the case of the annulment of a marriage, the Court will examine whether the marriage should not have occurred as a matter of law or if the marriage is presumed valid until challenged.
A marriage is not permitted as a matter of law under circumstances such as: incestuous consanguinity or affinity as stated in M.G.L. c. 207, §§ 1 and 2; marriage during the existence of a prior marriage, i.e., polygamy (pursuant to G.L. c. 207, §4), unless overcome by the factors included in M.G.L. c. 207, §6; and marriages entered into in violation of the Uniform Marriage Evasion Act pursuant to M.G.L. c. 207, §§ 10 and 11.
A marriage is presumed valid until challenged and annulled if it was procured circumstances such as: fraud going to the essence of marriage, impotence of a party at the time of the marriage, concealment of a pregnancy caused by another man, non-age of a party at the time of the marriage, or mental incompetence of a party which precludes the person from having the ability to knowingly consent to the marriage, or concealment of an intent not to have children or to cohabit.
It is important to realize that when a marriage is annulled, the Court has the power to provide for the care, custody and maintenance of the children of the marriage as if it were an action for divorce.
William M. Driscoll, Esq. 6 Courthouse Lane, Suite 5 Chelmsford, MA 01824