Posts Tagged ‘Annulment’
by Tom Hogan
We get many calls about annulment of a marriage. There has been fairly recent case authority on this matter in Ceja V Rudolph & Sletten, Inc (2013) 56 C4th 1113. So if you want to annul your marriage only the party who believed in good faith that the marriage was valid will be declared a putative spouse, where the court will divide property only on the request of a party who the court has deemed is a putative spouse. On what constitutes a good faith belief in the validity of the marriage, one must present evidence under the subjective standard (ie duration of marriage; children; sharing property and accounts; public communication of marital status; wages of each party used for the benefit of the community).