I am 17 years and married to my 24 year old husband. Can he challenge the validity of our marriage?
I am 17 years old and I live in Utah. My husband is 24 years old. We married before six months. He now wants to get separated and is likely to approach the court to question the validity of the marriage. Can he invalidate the marriage by approaching the court?01/04/2017 | Category: Marriage | State: Utah | #29438
“When there is doubt as to the validity of a marriage, either party may, in a court of equity in a county where either party is domiciled, demand its avoidance or affirmance, but when one of the parties was under the age of consent at the time of the marriage, the other party, being of proper age, shall have no such proceeding for that cause against the party under age. The judgment in the action shall either declare the marriage valid or annulled and shall be conclusive upon all persons concerned with the marriage.”
Utah Code Ann. § 30-1-17.3 Reads as follows:
“If an action to determine the validity of a marriage is commenced upon the ground that one or both of the parties were prohibited from marriage because of their age, in addition to all of the foregoing provisions, the following shall apply: The provisions of this code regarding marriage by a person or persons under the age of consent to the contrary notwithstanding, the court may, in its discretion, refuse to grant an annulment if it finds that it is in the best interest of the parties or their children, to refuse the annulment. The refusal shall make the marriage valid and subsisting for all purposes.”