Fraud: Either party's consent to the marriage or domestic partnership was obtained by "fraud," unless the defrauded party thereafter, and with full knowledge of the facts constituting the fraud, "freely cohabited with the other" as husband and wife. [Ca Fam § 2210(d)]
The type of "fraud" sufficient to support a judgment of nullity must go to the very essence of the marital [or domestic partnership] relation. Thus, fraud or deceit sufficient to avoid an ordinary contract will not necessarily warrant a judgment of nullity. The alleged misrepresentation or concealment must have been "vital to the relationship," directly affecting the purpose of the deceived party in consenting to the marriage/domestic partnership.
The following are some examples of the kinds of fraud which would warrant a nullity judgment:
As between spouses, concealment of sterility, of existing pregnancy, or of an intent not to terminate a sexual relationship with a "significant other" goes to the "very essence" of the marriage relationship and thus is sufficient ground for a judgment of nullity.
As between married persons, a concealed intent not to live with the other spouse, not to engage in sexual relations with the other spouse, or not to have children despite a promise to the contrary supports a judgment of nullity on the ground of fraud.
Wife, who was induced to marry by Husband's false representations he was an honest, law-abiding, respectable and honorable person and that he had a child who was well provided for, was entitled to a judgment of nullity on the ground of fraud where Husband had in fact been convicted of grand theft, was a parole violator and a fugitive from justice, and was guilty of failure to support his children from a prior marriage.
A judgment of nullity based on fraud is also warranted where one party's motive in entering the marriage was solely to obtain a green card (to acquire U.S. residency status) and he or she never intended to engage in sexual relations with the other or to meet marital duties.
On the other hand, "the concealment of incontinence, temper, idleness, extravagance, coldness or fortune inadequate to representations cannot be the basis for an annulment." The following are some examples of the kinds of fraud which would NOT warrant a nullity judgment:
A party's false representation that he or she owned a particular business or was a "person of means"
Deceit about one's chastity or moral character is not "vital" to the marital relationship and thus will not justify a judgment of nullity on the basis of fraud.
Nor is there sufficient fraud to annul a marriage simply because a party concealed a severe drinking problem (or, presumably, drug addiction), refused to seek employment after contracting the marriage (despite assurances before marriage to the contrary), proved to be a "disappointing" sexual partner, and/or turned from a "polite" and "nice" person before marriage to a "dirty," "unattractive" and disrespectful person after the marriage. A finding of § 2210(d) fraud cannot rest solely on the fact a spouse "turned from a prince into a frog."
