What happens if marriage consent was obtained by fraud but later accepted?

Full question:

I forced my wife to marry me but she never agreed to live together. She has come back to live with me and we’re a happy couple now. What if a person’s consent to marriage was obtained by fraud but after marriage, the person wants to accept the marriage?

  • Category: Marriage
  • Date:
  • State: Georgia

Answer:

If your wife has returned to live with you and accepts the marriage, it may be considered valid. Under O.C.G.A. § 19-3-5, a marriage induced by fraud can be ratified if the person later consents and cohabits with their spouse. This means that if someone initially unwilling to marry later agrees and lives together as a couple, the marriage is deemed valid. Additionally, any children born before the marriage is annulled remain legitimate.

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

A fictitious marriage is one that is not legally recognized due to a lack of valid consent or other legal requirements. This can occur when one party misrepresents themselves or the nature of the marriage. In such cases, the marriage may be considered void or voidable, depending on the circumstances. If a marriage is found to be fictitious, it may be annulled, meaning it is treated as if it never occurred. Legal advice is recommended to navigate these situations.