If I was married when I was under 16 years of age can I invalidate it?

Full question:

I am married and I live in Vermont. I was under sixteen years of age when we entered in this relationship. Now I am nineteen. Can I now proceed to invalidate our marriage on the ground of minority?

• Category: Marriage
• Subcategory: Minor
• Date: 04/07/2025
• State: Vermont

Answer:

In Vermont, a civil marriage may be annulled if either party had not attained 18 years of age at the time of marriage. However, if a spouse got married under the age of 16, but freely continued to live with the other spouse after turning 18, the marriage won’t be annulled. Thus, if you are cohabiting freely with your husband after attaining the age of consent, then your marriage may not be invalidated on the ground of minority. The provisions relating to the general grounds for annulment of marriage and party under age of sixteen years is provided under 15 V.S.A. § 512 and 15 V.S.A. § 513 respectively. 15 V.S.A. § 512 read as follows:
 

“The civil marriage contract may be annulled when, at the time of marriage, either party had not attained the age of 16 years or was physically or mentally incapable of entering into the civil marriage state or when the consent of either party was obtained by force or fraud.”

15 V.S.A. § 513, provision regarding cohabitation as husband and wife after attainment of the age of consent provides as follows:
 

“A complaint to annul a civil marriage on the ground that one of the parties was under the age of 16 years may be brought by the parent or guardian entitled to the custody of such minor or by a person admitted by the court to prosecute the same as the next friend of such minor. However, such marriage shall not be annulled on the complaint of a party of legal age at the time it was contracted nor when the parties, after they attained the age of consent, freely cohabited as husband and wife.”