Compilation of Statutes Family Law

Commonwealth of Virginia

Compilation of Statutes

Family Law

B00087801

Virginia Statutes Compilation

I. Requirements for Entry Into Marriage

A. License and solemnization requirement. §20-13.

B. Must be 18 or over. §20-45.1.

C. Must have mental capacity. §20.45.1.

D. Must be a heterosexual relationship (between man and woman). §20-45.2 & §20-45.3.

E. No bigamous marriages (one at a time requirement). §20-38.1.

F. Not related (i.e. One cannot marry an ancestor, descendant, or sibling, regardless of if the relationship is by half blood, whole blood or adoption. A marriage between an uncle and niece or an aunt and nephew are prohibited, whether the relationship is by the half or whole blood). §20-38.1.

G. Consent of the parties.

II. Grounds for Annulment

A. Under §20-89.1, either party may institute a suit for annulment of the marriage when the marriage is alleged to be void due to:

a. Bigamy under §20-38.1

b. Marrying prohibited blood relatives under §20-38.1

c. Lack of majority or mental capacity under §20-45.1.

B. Under §20-89.1(b), a suit for annulment of the marriage may be instituted when the marriage is alleged to be voidable due to:

a. Fraud or distress.

b. Lack of solemnization requirement of §20-13.

c. Impotency.

d. Marriage to a felon if the other person did not know at time of marriage.

e. If one party had been a prostitute without the knowledge of the other.

f. If the woman was with child by another man at the time of marriage without knowledge by the husband.

g. If the man fathered a child with another woman within ten months after the date of the solemnization of the marriage without knowledge by the wife.

C. Annulments alleged to be void...