Annulment of Marriage

An annulment of marriage generally means that the Court will declare the marriage never existed. It is different from a divorce or dissolution of marriage in that way. Because of this, there is a limited list of reasons one can get an annulment.


Iowa Code 595.29 lists these finite reasons for obtaining an annulment. The first listed reason is that the marriage is prohibited by law. More about this below. Annulments may also be obtained if either party is impotent at the time of marriage, or either party is under a guardianship and has been determined by the Court to lack the capacity to contract for marriage. Finally, an annulment may be obtained if either party was married to someone who was living at the time of the second marriage. However, the second marriage is not invalidated if the parties lived together after the death or divorce from the first spouse. So, if husband did not complete his divorce from wife 1 before marrying wife 2, the second marriage can be legitimized if the divorce from wife one is completed and he continues to live with wife 2.


As for marriages that are against public policy, it helps to look under the definitions of a valid marriage and marriage license contained in Iowa Code chapter 595. These include the marriage of someone under the age of 18 who does not have the consent of the parent(s) or the court, persons disqualified from making civil contracts, or those who are too closely related to be married. 


But how, logistically, does an annulment work? If either party questions whether their marriage is valid, the party can file a Petition for Annulment. The Court will then consider the facts surrounding the union, and either affirm or annul the marriage. Iowa Code 598.30. The Petition looks very similar to the one used for a divorce. Iowa Code 598.28. 


As noted above, if the annulment is granted, the marriage never legally occurred. However, a couple of provisions of Iowa law do mitigate any harsh result. First, children born in a marriage that is later annulled are still considered "legitimate," unless the facts establish otherwise. Second, if one party entered into the marriage in good faith and the marriage is declared to be null, the innocent party may be awarded compensation as in a dissolution of marriage.