CALIFORNIA FAMILY LAW
...Marital Status
......Nullity
.........Grounds
............Voidable: Fraudulently Induced
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Marriage voidable if consent to marriage obtained by fraud.

Because public policy strongly favors marriage, the fraud necessary to obtain a nullity must be shown by clear and convincing evidence.

Although fraudulent intent upon marriage to stray from the marital bed may be sufficient for annulment, after learning the facts, the injured party cannot continue to cohabit and later seek a nullity.

H not entitled to nullity on the ground W deceived him by promising to be bound by a premarital (mahr) agreement.

Intent not to observe obligation of “sexual fidelity” will support a finding of nullity based on fraud.

Nullity may be granted on basis of fraud only if the misrepresentation goes to the party's intentions with respect to the sexual or procreative aspect of marriage.

To be sufficient for annulment, fraud must go to very essence of marital relation.

Secretly held intention not to engage in sexual relations with spouse is grounds for nullity based on fraud.

Annulment proper where H married W for green card; marital duties discussed; no ratification where W merely had suspicions based on inconclusive evidence.

To support nullity judgment, fraud must relate to matter which the state deems vital to marriage.

Trial ct. did not err in denying an annulment to H on fraud grounds where court was not convinced H relied upon W's representations as to her previous marriages and purported widowhood, or that "but for" them he would not have married her.

Proof of fraud must be clear and convincing and satisfactory to court.