In re marriage of Farr
228 P.3d 267 (Col. Ct. App. 2010)
- The parties’ thirty-year marriage ended in dissolution in 1999.
- They remarried in 2004, and in 2007, husband filed for dissolution.
- Wife cross-petitioned to declare the second marriage invalid, asserting that she agreed to marry him based upon his representation that he had a terminal illness.
The trial court dismissed the petition for dissolution and declared the marriage invalid.
Whether consent to marriage was obtained by misrepresentation that goes to the essence of the marriage.
Yes. Affirmed. Annulment.
Note: Annulment basically means the marriage never existed.
- Wife’s testimony was more credible than husband’s;
- Wife believed husband’s representation that his death was imminent;
- Wife did not want husband to die alone;
- Wife relied on husband’s representation that he was suffering from myelodysplastic syndrome in deciding to remarry him; and
- That such representation was fraudulent.
“Because these findings are supported by the record, we reject husband’s contention that the court abused its discretion in invalidating the parties’ marriage.”
Rule: A court shall enter a decree declaring a marriage invalid if one party entered into the marriage in reliance on a fraudulent act or representation of the other party when the act or representation goes to the essence of the marriage.