Blog

Annulment

After just 2 months of marriage, if Kim Kardashian and her husband,Kris Humphries were living in Utah, would he be entitled to an Annulment? The answer is … MAYBE!

What Are the Stipulations for Annulment in Utah?

Many people mistakenly believe that one of the grounds for an annulment is the length of the marriage. The length of the marriage is NOT one of the reasons that a person may obtain an Annulment in our state. In Utah a person can get an annulment if:

  • One of the parties was married to someone else at the time the parties married.
  • One of the parties was under the age of 18, and the minor’s parent did not give legal consent.
  • One of the parties was under the age of 14 (if before May 3, 1999) or under the age of 16 (if after May 3, 1999).
  • One of the parties was previously married and that person’s divorce decree was not yet final, so the person was still legally married to someone else.
  • The marriage was between parties of the same sex.
  • The marriage was between close relatives (such as a brother and sister) who are not permitted to marry.
  • There has been a material misrepresentation – such as a spouse not saying that he was still married, or that he was incapable of having children.
  • There has been Fraud- one of the parties lies to their spouse about a material fact, which if the other party knew prior, may not have entered into the marriage.
  • Refusal or inability to consummate the marriage.

Corwell v. Corwell and Annulment in Utah

In a 2008 Utah Court of Appeal case, Corwell v. Corwell, the parties executed an agreement to have their marriage annulled. The parties’ stipulation stated, among other things, “that the parties had never resided together, that Hall had induced Corwell to marry her with various promises that were never fulfilled, that the parties had no children together….” If a party makes promises to another party in order to convince the other party to marry them, such as “before marriage one party represents that she or he wants to have children. Then after the marriage, that same party states that they do not want children and never wanted children. In fact, that party cannot have children due to some medical condition known about prior to the marriage which was hidden from the other party.” This would be an example of a situation which a party may be entitled to an annulment.

Despite the fact that the “Kardashian” marriage only lasted a couple of months, Kris could not get an annulment solely based upon the short term length of their marriage. However, if Kris could establish that there was some Fraud or Misrepresentation made by Kim to him which induced him to marry her and then it later was discovered to be a lie or a misrepresentation, he COULD be entitled to an Annulment.

Despite the fact that the “Kardashian” marriage only lasted a couple of months, Kris could not get an annulment solely based upon the short term length of their marriage. However, if Kris could establish that there was some Fraud or Misrepresentation made by Kim to him which induced him to marry her and then it later was discovered to be a lie or a misrepresentation, he COULD be entitled to an Annulment.

However, if Kris knew all along about Kim Kardashian’s “planned marriage,” then sorry Kris, I guess you’ll just have to get a divorce with the rest of us!

Leave a Reply