Grounds for Annulment in New York

October 4, 2013
Louis Sternberg

New York Domestic Relations Law § 7 provides the grounds for annulment of a marriage.

A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto:

1. Is under the age of legal consent, which is eighteen years, provided that such nonage shall not of itself constitute an absolute right to the annulment of such marriage, but such annulment shall be in the discretion of the court which shall take into consideration all the facts and circumstances surrounding such marriage;

2. Is incapable of consenting to a marriage for want of understanding;

3. Is incapable of entering into the married state from physical cause;

4. Consent to such marriage by reason of force, duress or fraud;

5. Has been incurably mentally ill for a period of five years or more.


In New York, the age of consent to marry is 18 years old.  In the event that one or both of the parties is under 18, the marriage is not automatically void.  The annulment is discretionary after consideration of the circumstances.