CALIFORNIA FAMILY LAW
...Marital Status
......Nullity
.........Grounds
............Voidable: Fraudulently Induced
9 Cards On This Topic:
  • Marriage voidable if consent to marriage obtained by fraud.
  • Intent not to observe obligation of “sexual fidelity” will support a finding of nullity based on fraud.
  • Nullity may be granted on basis of fraud only if the misrepresentation goes to the party's intentions with respect to the sexual or procreative aspect of marriage.
  • To be sufficient for annulment, fraud must go to very essence of marital relation.
  • Secretly held intention not to engage in sexual relations with spouse is grounds for nullity based on fraud.
  • Annulment proper where H married W for green card; marital duties discussed; no ratification where W merely had suspicions based on inconclusive evidence.
  • To support nullity judgment, fraud must relate to matter which the state deems vital to marriage.
  • Trial ct. did not err in denying an annulment to H on fraud grounds where court was not convinced H relied upon W's representations as to her previous marriages and purported widowhood, or that "but for" them he would not have married her.
  • Proof of fraud must be clear and convincing and satisfactory to court.