Can I claim that my consent was obtained by fraud?

Full question:

I had broken up with my fiancee and called of our wedding. But later my boyfriend got me drunk and persuaded me to marry him. Can I move to the court against this marriage and say that my consent to the marriage was obtained by fraud? I live in Georgia.

  • Category: Marriage
  • Date:
  • State: Georgia

Answer:

If you married your boyfriend under the influence of alcohol, and you boyfriend got you drunk so that he can persuade you to marry him, then you can move to the court and say that your consent to this marriage was obtained by fraud. In every case, consent of both the parties to a marriage must be voluntary without any fraud.
O.C.G.A. § 19-3-4 states:
“To constitute an actual contract of marriage, the parties must consent thereto voluntarily without any fraud practiced upon either. Drunkenness at the time of marriage, brought about by art or contrivance to induce consent shall be held as fraud.”
 

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.

FAQs

Yes, it is perfectly okay to call off an engagement. Engagements are not legally binding contracts, and you have the right to change your mind at any point before the wedding. It's important to communicate openly and honestly with your partner about your feelings and reasons for calling off the engagement.