This article is based on California law.
People often want to know if they can annul a marriage based on fraud. The answer to the question if a person can obtain an annulment is based on several factors. The first thing you have to keep in mind is that you evidence must be "clear and convincing" Williams v. Williams (1960) 178 Cal.App. 2d 522. This means that more like than not the fraud occurred. The down side to this rule of evidence is that it is up the subjective opinion of the Judge if the evidence is clear and convincing. Therefore, if you are right and the Judge doesn’t believe you then you will not prevail. In order to prevail you will need creditable witnesses, documentation, and you must be creditable.
In addition to having clear and convincing evidence “the fraud relied upon to secure a termination of the existing status must be such fraud as directly affects the marriage relationship and not merely such fraud as would be sufficient to rescind an ordinary civil contract.” (Bing Gee v. Chan Lai Young Gee, 89 Cal.App.2d 877, 885 [202 P.2d 360]; see also Mayer v. Mayer, 207 Cal. 685 [279 P. 783]. The court in Douglass v. Douglass (1957),148 Cal.App.2d 867,868-869 stated that the test for annulment based on fraud is “whether the false representations or concealment were such as to defeat the essential purpose of the injured spouse inherent in the contracting of a marriage.” In the Douglass case the wife found out that the husband had a criminal record and that he failed to provide for his children. This was enough for the court to find that there was a concealment that defeated the essential purpose of the injured spouse in entering into the marriage. In addition, the concealment directly affects the marriage relationship because but for the husband not telling the wife about his past she would not have married him. The general theme in both cases is that the court does not like annulments to be granted unless the fraud or concealment is something that effects the very foundation of the marriage.
People and lawyers love to stretch what they consider to be fraud that directly affects the marriage relationship and people often try to use character, habits, chastity, business or social standing etc to annul a marriage. However, the longstanding rule is that neither party “may question the validity of the marriage upon the ground of reliance upon the 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 similar nature.” (Schaub v. Schaub, supra, 71 Cal.App.2d 467, 476.) Therefore, it appears to be a waste of time (an money) to try to obtain an annulment on one of those grounds.
So what are good claims of fraud? While there may be more basically any fraud having to do with: a spouse hiding a criminal background that is of a serious nature; paternity of a child; and secrete intent by one party to never really live together as spouses. Again there may be others and you should consult an attorney if you have a question.
Time Frame
A proceeding to nullify a marriage for fraud must be commenced “by the party whose consent was obtained by fraud, within four years after the discovery of the facts constituting the fraud.” (Cal. Fam. § 2211, subd. (d). The plain meaning of this language is that only a defrauded spouse may institute an action for annulment based on fraud, within four years of discovery of the fraud. Pryor v. Pryor, 177 Cal.App.4th 1448, 99 Cal. Rptr. 3d 853 (Cal. App., 2009). Therefore, three years after you are marriage you discover the fraud you have four more years to proceed to nullify the marriage by fraud. However, if you live with the other spouse after you discover the fraud you will be precluded from claiming fraud to annul the marriage. [Cal. Fam. Code §2210(d)]. As a result it is important that a party that discovers fraud move out of the family residence immediate to avoid prejudicing their case.
If you have questions regarding annulment contact a Family Law attorney.
