• only between persons of the opposite sex; and
• only when a license has been obtained as provided by law; and
• when the marriage is contracted in the presence of two witnesses;
• and solemnized by one authorized, or whom one or both of the parties in good faith believe to be authorized, by law to marry them.

• Bigamy. A marriage entered into before the dissolution of an earlier marriage of one of the parties becomes final, as provided in section 518.145 or by the law of the jurisdiction where the dissolution was granted;
• Interfamily Marriage. A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption;
• Marriage between Close Relatives. A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures; and
• Same Sex Marriage. A marriage between persons of the same sex, a marriage entered into by persons of the same sex, either under common law or statute even if the same sex marriage was recognized by another state or foreign jurisdiction. Any rights granted by the foreign jurisdiction recognizing the same sex marriage are unenforceable in the state of Minnesota.

• Lack of Mental Capacity. A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity; or because of the influence of alcohol, drugs, or other incapacitating substances; or because consent of either was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties;
• Lack of Physical Capacity to have Intercourse. A party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity. This is considered a material term of the civil contract of marriage;
• A Party was Under the Age of Consent. A party was under the age for marriage established by Minnesota law. Minnesota Statutes requires that a person must have reached the full age of 18 years to marry. Moreover, a 16 year old may marry only if they have the consent of the person's parents, guardian, or the court.

• If a party suffers from a mental incapacity, the marriage may be annulled: by either party; or by the legal representative of the party who lacked capacity to consent, so long as the action is brought no later than 90 days after the petitioning party obtained knowledge that the person was mentally incapacitated.
• If one of the parties lacks the physical capacity to have sexual intercourse, and the disability is not known to the other party, the marriage may be annulled by either party no later than one year after the petitioning person obtained knowledge of the physical incapacity;
• If one party is under the legal age of consent, an action to annul the marriage may be brought by the underaged party or the the party's parent or guardian so long as the action is brought before the time the underaged party reaches the age of consent.

Marriage and Having Children
In 1991, the Superior Court of New Jersey granted an annulment to a wife where the husband told the wife after marriage that he wanted to have children despite the fact that he had signed an antenuptial agreement before marriage stating that he did not wish to have children. The court felt that this constituted fraud relating to an essential element of the marriage contract. V.J.S. v. M.J.B., 249 N.J. super, 318, 592 A. 2d 328 (1991).

Former Spouse Still Alive
The Supreme Court of Illinois granted an annulment to a husband when the wife represented that her former husband had died. Her husband was, in fact, alive and known to be living by the wife at the time of the representation. Wolfe v. Wolfe, 76 Ill. 92, 389 N.E.2d 1143 (1979).

Married to Get Immigration Status
An annulment was denied in New Jersey where the husband claimed his foreign wife married him to enter the United Stated. The Court primarily based its determination on the fact that the husband presented insufficient evidence to prove his claim. Oatel v. Navitlal, 265 N.J.Super. 402, 627 A.2d 683 (1992).

Spouse an Epileptic
In Minnesota, the Court refused to annul a marriage where the wife was an epileptic and at the time of the marriage the condition was unknown to the husband. The Court reasoned that there was no concealment of the fact that the wife suffered from the disability,. In fact, the husband never asked her. As a result, there was no fraud.. Moreover, epilepsy is not a condition which would allow a marriage to be annulled. Behsman v. Behsmand, 144 Minn. 95, 174 N.W. 611 (Minn. 1919).

Spouse Previously Determined to be Insane
In 1925, the Supreme Court in Minnesota declined to allow an annulment where a husband discovered that his wife had previously been committed to a mental hospital as insane. After the marriage she had a relapse and was again committed as insane. The Court reasoned that there was no fraud because the wife did not actively conceal her past condition. The husband simply never asked "Hey honey, have you ever been insane?" Robertson v. Roth, 163 Minn. 501, 204 N.W. 329 (Minn. 1925).

Concealment of Venereal Disease
In Missouri, the Court of Appeals ruled that a wife's fraudulent concealment that she had a venereal disease was grounds for an annulment so long as there was an active misrepresentation of the fact. In short, the husband asked. Watson v. Watson, 143 S.W.2d 349 (Miss. App. 1940).

Unnatural Sex
In 1983 the Missouri Supreme Court annulled a marriage upon the Petition of the wife where the husband failed to disclose that he could not engage in normal sexual relationships and that his only sexual activities were if an "unnatural type." The Court did not bother to elaborate further in its decision. Kshaiboon v. Kshaiboon, 652 S.W.2d 219 (Missouri 1983).

Impotence
The Minnesota Supreme Court allowed the annulment of a marriage in 1974 where the husband failed to disclose that he was impotent. Darrell v. Darrell, 298 Minn. 470, 215 N.W.2d 789 (Min. 1974).

Over the past twelve years, Maury D. Beaulier has developed a large and active family law practice which includes mediation and collaborative law. Mr. Beaulier has been described by his clients as "skilled", "aggressive" and "dedicated" to resolving complex and emotionally charged disputes. Mr. Beaulier is licensed to practice law in the States of Minnesota and Wisconsin as well as the Federal Courts in Minnesota and the Western District of Wisconsin. Mr. Beaulier is also a member of Minnesota's Collaborative Law Institute helping to develop new procedures in family law case.

He can be contacted by phone at (612) 240-8005 or or Visit Web Site