The Common Law

Do you remember when the headlines reported Britney Spears' surprise Las Vegas marriage to her childhood friend? More pertinent to this column, do you remember how quickly the marriage disappeared into thin air? Spears' widely publicized petition for annulment asserted essentially that she had made a mistake that required annulment.

In Texas, would a claim like Britney's – that "the marriage was a mistake" – be enough to obtain an annulment? The answer depends on why the marriage is considered a mistake and, in some circumstances, the steps taken to fix the mistake after realizing it.

First, certainly most parents believe their children commit serious mistakes when they get married too young. With certain limitations, a court may grant an annulment to a minor or to a minor's parent.

Second, if narcotics, alcohol, or a mental disease or defect causes a party to lack the capacity to consent to marriage, the "mistaken marriage" is voidable by annulment. However, this ground is only available if the petitioner did not voluntarily cohabit with the other party after sobering up or otherwise gaining the mental capacity to recognize the marriage.

Third, a court may annul a marriage if either party was permanently impotent at the time of marriage, provided that the petitioner did not know of the impotency at the time of the marriage and does not voluntarily cohabit with the other party after learning of the impotency.

Fourth, a court can annul a marriage if one party used fraud, duress, or force to induce the marriage and the petitioner does not voluntarily cohabit with the other party after learning of the fraud or after being released from duress or force.

Finally, subject to certain limitations, a court can grant an annulment if the procedural requirements in the family code for obtaining a marriage license have not been satisfied (failing to wait 72 hours after obtaining a license/getting married again within 30 days after a divorce).

In short, unless there is a recognized reason for considering the marriage a "mistake" and appropriate steps have been taken to fix the mistake, the marriage cannot be annulled.