Full question:
I am 17 years old and I live in Utah. My husband is 24 years old. We married before six months. He now wants to get separated and is likely to approach the court to question the validity of the marriage. Can he invalidate the marriage by approaching the court?
- Category: Marriage
- Date:
- State: Utah
Answer:
In Utah, generally, when there is doubt as to the validity of a marriage, either party may approach the court and demand its avoidance or affirmance. However, when one of the parties was under age at the time of the marriage, and the other party was of proper age, then, there shall have no such proceeding for that cause against the minor by the other party. Thus, the court may not hear the case related to the validity of the marriage filed by your husband and thereby, he cannot question the validity of your marriage. The court may refuse or grant annulment considering the best interests of the parties. The refusal of annulment make the marriage valid and subsisting for all purposes. The provision related to the action to determine the validity is dealt under Utah Code Ann. § 30-1-17 and the court’s discretion to grant the annulment is dealt under Utah Code Ann. § 30-1-17.3. Utah Code Ann. § 30-1-17 reads as follows: “When there is doubt as to the validity of a marriage, either party may, in a court of equity in a county where either party is domiciled, demand its avoidance or affirmance, but when one of the parties was under the age of consent at the time of the marriage, the other party, being of proper age, shall have no such proceeding for that cause against the party under age. The judgment in the action shall either declare the marriage valid or annulled and shall be conclusive upon all persons concerned with the marriage.”
Utah Code Ann. § 30-1-17.3 Reads as follows:
“If an action to determine the validity of a marriage is commenced upon the ground that one or both of the parties were prohibited from marriage because of their age, in addition to all of the foregoing provisions, the following shall apply: The provisions of this code regarding marriage by a person or persons under the age of consent to the contrary notwithstanding, the court may, in its discretion, refuse to grant an annulment if it finds that it is in the best interest of the parties or their children, to refuse the annulment. The refusal shall make the marriage valid and subsisting for all purposes.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
