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Hawaii Annulment and Prohibited Marriage Laws

More Information on Annulment and Prohibited Marriage Laws

Code Section 580-21-29; 572-1, 2
Grounds for Annulment Underage, unless freely cohabitates after reaching legal age; spouse still living; lacking mental capacity; consent obtained by force, duress, fraud and no subsequent cohabitation; party afflicted with loathsome disease and was unknown to party seeking annulment
Time Limits for Obtaining Annulment For spouse still living: Anytime during either party's lifetime; Underage: Until they attain legal age and freely cohabit as man and wife; Physical incapacity: Within 2 yrs. of marriage; Lack of mental capacity: Until mental capacity attained and parties freely cohabit as man and wife
Legitimacy of Children Children of annulled or prohibited marriages are legitimate.
Prohibited Marriages Between ancestor and descendant, any degree, brother and sister half or whole-blood, uncle and niece, aunt and nephew legitimate or illegitimate; bigamous.

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