Annulment of the New Arranged Marriage
Posted By Posted by Kim Byrd on Aug 2, 2012 7:29am PDT || Aug 2, 2012
Internet dating sites and chat rooms are places where people meet and sometimes make arrangements to get married. Like the arranged marriages of medieval times, the parties to these new arranged marriages have sometimes spent little or no time in the actual physical presence of the other person. Frequently after a few hours, days or weeks of marriage and spending time together, the parties to these arranged marriages decide that the marriage was a mistake. Can these marriages be annulled if the parties never consummated the marriage? The answer is no, the marriage cannot be annulled simply because it was not consummated.
Florida law provides that a marriage can be annulled on the basis of fraud, duress or undue influence, consanguinity or impotence. In order to have the marriage annulled on the basis of fraud, you must show that you did not consummate the marriage after you discovered the fraud. Otherwise the consummation of the marriage or the lack thereof, is not relevant to the annulment of the marriage. To have the marriage annulled on the basis of fraud, you must show that the other party misrepresented a specific material fact for the purpose of inducing you to marry them.
To have the marriage annulled on the basis of duress you must show that the other party committed an improper or unlawful act that took away your free will and volition and you can’t have freely consented to the marriage at any time. For undue influence you must show that the other party was predisposed to exercising the influence and that you were susceptible to the influence. Consanguinity has to do with the parties who are related by blood. Annulment on the basis of impotence depends on the power to copulate, not the power to procreate.
Most marriages arranged over the internet must be dissolved through the divorce process, just like any other marriage. Even if the marriage was never consummated.