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Family law - Essay Example

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By law, divorce or annulment can be acquired by either party to a marriage can be granted if it is proved that the grounds for divorce or annulment are satisfied. In this paper, the grounds for either divorce or annulment are provided for the marriage between Tabitha and Mickey…
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Download file to see previous pages Tabitha agreed to the marriage, but Mickey could not consummate the marriage because of Tabitha’s sex change. Consequently, the couple started using several bedrooms, though they live in the same house, for which they pay rent. The couple also occasionally goes out together, but has different financial lives. Mickey has recently met other people and wants to be divorced from Tabitha.
From the above case, the first ground for divorce is that the marriage was a marriage of convenience, where the two parties decided to get married for a reason other than the basic purpose of marriage (Mathew, 2009). From the facts of the case, it is evident that the first reason for the marriage was so that Mickey could avoid going on an Arctic Pole expedition with his parents. Despite the fact that Tabitha loved Mickey at the beginning of the marriage, the fact that Mickey decided on the marriage as a form of convenience makes the marriage voidable.
The second ground for annulment in this case is the fact that the marriage was not consummated (Mathew, 2009). According to the law, one of the grounds for the annulment of a marriage is if the marriage was not consummated through the actions of one or both of the spouses. From the facts, it can be assumed that Tabitha did not inform Mickey about her previous gender and subsequent reassignment, in which case, Mickey entered into the marriage under false belief. The marriage was then not consummated because Tabitha gave numerous excuses, and from Mickey’s standpoint, the lack of consummation is enough for an annulment of the marriage.
The other ground for annulment of the marriage in this case is that the marriage was a voidable marriage. According to Rossini (1998), a voidable marriage occurs out of several situations, with the first one being lack of consummation of the marriage. As discussed above, the marriage between Tabitha and Mickey can be annulled because of lack of consummation. The second fact that makes the ...Download file to see next pagesRead More
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