Court Opinions

State Laws

US Code

US Constitution

Grounds for annulment of voidable marriages - 23 Pa. Cons. Stat. § 3305

Legal Research Home > Pennsylvania Statutes

     § 3305.  Grounds for annulment of voidable marriages.
        (a)  General rule.--The marriage of a person shall be deemed
     voidable and subject to annulment in the following cases:
            (1)  Where either party to the marriage was under 16
        years of age unless the marriage was expressly authorized by
        the court.
            (2)  Where either party was 16 or 17 years of age and
        lacked the consent of parent or guardian or express
        authorization of the court and has not subsequently ratified
        the marriage upon reaching 18 years of age and an action for
        annulment is commenced within 60 days after the marriage
        ceremony.
            (3)  Where either party to the marriage was under the
        influence of alcohol or drugs and an action for annulment is
        commenced within 60 days after the marriage ceremony.
            (4)  Where either party to the marriage was at the time
        of the marriage and still is naturally and incurably impotent
        unless the condition was known to the other party prior to
        the marriage.
            (5)  Where one party was induced to enter into the
        marriage due to fraud, duress, coercion or force attributable
        to the other party and there has been no subsequent voluntary
        cohabitation after knowledge of the fraud or release from the
        effects of fraud, duress, coercion or force.
        (b)  Status of voidable marriage.--In all cases of marriages
     which are voidable, either party to the marriage may seek and
     obtain an annulment of the marriage but, until a decree of
     annulment is obtained from a court of competent jurisdiction,
     the marriage shall be valid. The validity of a voidable marriage
     shall not be subject to attack or question by any person if it
     is subsequently confirmed by the parties to the marriage or if
     either party has died.

Last modified: November 27, 2007