Thursday, March 03, 2016

Guardianship Court Permitted to Annul Marriage [Florida]

An incapacitated  ward had his rights to contract removed by a guardianship court. The ward thereafter married, without court approval. The marriage was then challenged based on FS 744.3215(2)(a) (2013). That statute provides "[i]f the right to enter into a contract has been removed, the right to marry is subject to court approval."

So the statute definitely raises problems for the marriage. The real question turned out to be whether the marriage was absolutely void and subject to annulment, or simply voidable and thus could be approved by the court after the fact. The trial court found it void and annulled it - the Fourth District Court of Appeals has now affirmed the trial court.

Smith v. Smith, 4th DCA (March 2, 2016), Case No. 4D14-1436

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