California Family Code § 2212

Plain-Language Summary

Section 2212 provides that when a California court annuls a marriage, the spouses are legally treated as if they were never married. In plain terms, an annulment makes both parties return to single (unmarried) status. For example, after annulment neither person is considered married (so they can legally remarry), and any marital obligations (like alimony) typically end because the law “relates back” to erase the marriage. The statute also makes clear that the annulment judgment binds only the spouses (and their heirs) who sought it.

Real-World Examples

Annulment restores single status: If Alice and Bob’s marriage is annulled, both are treated as if they had never married – they can remarry and must report single status on legal documents.
No alimony from void marriage: A spouse cannot claim divorce-based benefits like alimony from an annulled marriage because it is considered to have never existed.
Annulment binds only the spouses: Under § 2212, the judgment is “conclusive only as to the parties… and those claiming under them,” meaning third parties (e.g. creditors or government) may still recognize the marriage unless a separate legal proceeding addresses those interests.
Implications for subsequent marriages: If someone remarries believing they were divorced, but later annuls the first marriage, they are treated as never having been married to that spouse at all — which can impact marital status and property rights.

Published Case Law on § 2212

Sefton v. Sefton, 45 Cal.2d 872 (1955) – The California Supreme Court held that an annulment decree voids the marriage from the beginning. The court noted that an annulment “relates back” to erase the marriage and all its legal effects.
In re Marriage of Guo and Sun, 186 Cal.App.4th 1491 (2010) – The court annulled a bigamous marriage and treated the judgment as resolving only the marital status between the parties, consistent with § 2212.
In re Marriage of Seaton, 200 Cal.App.4th 800 (2011) – This opinion cited § 2212 and confirmed that a nullity judgment restores the parties to unmarried status retroactively.

Full Text of California Family Code § 2212

(a) The effect of a judgment of nullity of marriage is to restore the parties to the status of unmarried persons.

(b) A judgment of nullity of marriage is conclusive only as to the parties to the proceeding and those claiming under them.

This content is provided for general informational purposes only and is not legal advice. Laws and their interpretations can change, and how the law applies to your specific situation may vary. For advice regarding your own circumstances, consult a qualified attorney.