§ 3305. Grounds for annulment of voidable marriages.

293 words·~1 min read·/pa/title-23/chapter-33/3305

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

23c3306s