- In California, any contract can be voided if based on fraud. In that context, fraud means any intentional misrepresentation or concealment absent which the other party would not have entered into the contract.
- However, not every intentional misrepresentation is sufficient to void a California marriage. Rather, fraud will only be sufficient to nullify a marriage in California if it goes to the "very essence of the marital relation," directly affecting the purpose of the parties in getting married.
- A hidden pregnancy is sufficient fraud to annul a marriage in California.woman checking body temperature image by forca from Fotolia.com
California courts have found matters relating to the sexual relationship and offspring sufficiently central to a marriage for annulment fraud purposes. If a spouse conceals her inability to have children, the fact that she is pregnant with another man's child, or an intention not to engage in sexual relations, the deceived spouse may obtain a judgment of annulment. Likewise, a concealed intent to continue a sexual relationship with a third party supports annulment fraud in California. - A concealed alcohol problem will not nullify a marriage.bar image by Dmitry Nikolaev from Fotolia.com
Few marriages---if any---remain in the honeymoon stage for very long, and sooner or later the partner's faults come to light. However surprising it may be to find that your Prince Charming snores, annulment cannot be based on concealment of unpleasant character traits or habits such as laziness, sloth, extravagance, a bad temper, or a compulsion to leave dirty clothes on the floor. - Since annulment essentially erases the marriage, neither party is able to obtain alimony, community property rights, or any interest in the other party's pension to which they might otherwise be entitled under California law.
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