Posted by Nydia Streets of Streets Law in Florida Annulment
Florida does not have specific statutes that address annulment, and this area of law is based on common law. A plethora of appellate opinions give guidance on how to determine if a marriage can be annulled. Generally, impediments to marriage fall into two categories under Florida law - consent (invalidity or lack of consent) and capacity (to consent). Annulment was an issue in the case Rojas v. Londono, 3D24-0455 (Fla. 3d DCA January 8, 2025).
In the proceeding before the trial court, the husband alleged parties’ marriage was fraudulently entered where the wife only married him for immigration benefits. The trial court disagreed, and declined to annul the marriage. The husband appealed. The appellate court affirmed, holding “On appeal, the Husband asserts that an annulment is proper because the parties never consummated the marriage and the Wife married him solely for immigration benefits, committing fraud. Because the record contains ample evidence supporting the trial court’s findings that the parties consummated the marriage and the Wife did not enter the marriage to commit fraud, we find the trial court properly denied the Husband’s petition for annulment of marriage.”
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