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Family: Annulment or Cancellation of Marriage

Authored By: Legal Aid of North Carolina LSC Funded

Quick Facts

 

An annulment of marriage invalidates or cancels the marriage. North Carolina Law details the requirements for annulment or cancelling a marriage. These requirements are:
 

1. Marriage between two persons whose kinship is closer than first cousins or between double first cousins.

2. Marriage in which either the man or woman is under 16 years of age.

3. Bigamous marriage or marriage between persons either of whom has a husband or wife living at the time of such marriage.

4. Marriage between persons either of whom is at the time of such marriage physically impotent; or

5. Marriages between persons either of whom is at the time incapable of contracting because of incapacity, lack of understanding, insanity.
 

Under any of the above scenarios "age, bigamy, incapacity, kinship" a court must declare the marriage void or annulled.

Except in a bigamous marriage, a marriage may not be annulled after the birth of a child or death of either spouse.  

 


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Last Review and Update: Aug 05, 2014