Annulment

V.S.A. tit. 15, ch. 11, subch. 1

in effect

15 V.S.A. § 511 Void civil marriages; consanguinity, affinity, or living spouse

511. Void civil marriages; consanguinity, affinity, or living spouse (a) Civil marriages prohibited by law on account of consanguinity or affinity between the parties or on account of either party having a wife or husband living, if solemnized within this State, shall be void without decree of divorce or other legal process. (b) When the validity of a civil marriage is uncertain for causes mentioned in subsection (a) of this section, either party may file a complaint to annul the same. Upon proof of the nullity of the marriage it shall be declared void by a decree of nullity. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 512 Voidable civil marriages—Grounds for annulment generally

512. Voidable civil marriages—Grounds for annulment generally 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. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2013, No. 96 (Adj. Sess.), § 67.

15 V.S.A. § 513 Party under age of 16 years

513. Party under age of 16 years 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. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 514 Party is mentally incapable of entering into civil marriage

514. Party is mentally incapable of entering into civil marriage (a) When a civil marriage is sought to be annulled on the ground of one of the parties’ mental incapability to enter into the civil marriage, it may be declared void on the complaint of a relative of such person at any time during the life of either of the parties. (b) When a civil marriage is sought to be annulled on the ground of one of the parties’ mental incapability to enter into the civil marriage, on the complaint of a relative of the person, such marriage may be declared void during the continuance of such mental incapacity, or after the death of the person who is mentally incapacitated in that condition and during the lifetime of the other party to the marriage. (c) The civil marriage of a person who is mentally incapacitated may be declared void upon the complaint of the person after restoration to health, but a decree of nullity shall not be pronounced if the parties freely cohabited as spouses after the spouse who was mentally incapacitated had restored capacity. (d) If an action is not prosecuted by a relative, the civil marriage of a person who is mentally incapacitated may be annulled during the lifetime of both the parties to the marriage, on the complaint of a person admitted by the court to prosecute as the next friend of such person who is mentally incapacitated. (e) The phrases “mentally incapacitated,” “incapacitated,” “mental incapacity,” “mentally incapable,” “mental incapability,” and other similar phrases as used in sections 511-514 of this title shall extend only to persons who have a severe psychiatric, cognitive, or other severe mental disability. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2013, No. 96 (Adj. Sess.), § 68.

15 V.S.A. § 515 Party physically incapacitated

515. Party physically incapacitated A suit to annul a civil marriage on the ground of the physical incapacity of one of the parties shall be maintained only by the injured party against the party whose incapacity is alleged and shall be brought within two years from the solemnization of the marriage. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 516 Force or fraud

516. Force or fraud A civil marriage may be annulled during the lifetime of the parties, or one of them, on the ground that the consent of one of the parties was obtained by force or fraud, or the threat of force, or other forms of coercion or deception on the complaint of the party whose consent was so obtained or of the parent or guardian of such party or of some relative interested to contest the validity of the marriage. When such proceedings have been commenced and the party whose consent was so obtained dies before final decree, a parent or relative interested to contest the validity of the civil marriage may enter and prosecute such complaint. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2017, No. 140 (Adj. Sess.), § 1, eff. May 21, 2018.

15 V.S.A. § 517 Custody and maintenance of issue

517. Custody and maintenance of issue If there is issue of a civil marriage annulled on the ground of force or fraud, the court shall decree their custody to the innocent parent and may provide for their education and maintenance out of the estate and property of the guilty party. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 518 Declarations of parties not sufficient proof

518. Declarations of parties not sufficient proof A civil marriage shall not be declared null solely on the declarations or confessions of the parties, but the court shall require other satisfactory evidence of the facts on which the allegation of nullity is founded. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 519 Decree of nullity

519. Decree of nullity A decree of nullity of civil marriage, if pronounced during the lifetime of the parties, shall be conclusive evidence of the invalidity of the marriage in all courts and proceedings. If such decree is pronounced after the death of either of the parties to the civil marriage, it shall be conclusive only as against the parties in the action and those claiming under them. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 520 Children of civil marriage annulled

520. Children of civil marriage annulled Children of a civil marriage annulled pursuant to this subchapter shall be legitimate and shall succeed to the real and personal estate of both parents. Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/15/011Fetched: 10/21/2026