California Family Code § 2211

Plain-Language Summary

California Family Code § 2211 sets strict deadlines and identifies who can seek to annul a “voidable” marriage (one that is valid until annulled). In plain terms, it means: if a person married before age 18, they (or a parent/guardian) must start annulment proceedings within four years after reaching the age of consent. If a spouse’s consent was obtained by fraud, only the defrauded spouse can annul – and must file within four years of discovering the fraud. If a spouse’s consent was obtained by force or duress, only the coerced spouse can annul, but must do so within four years of the marriage. By contrast, if one spouse was mentally unsound (incapacitated) at the time of marriage, the other spouse or that person’s conservator/relative may petition for annulment at any time before either party’s death. (Similarly, in a bigamy case, either spouse – or the prior spouse – can seek annulment, generally with no fixed deadline while a spouse is alive.) Family Code 2211 thus balances protecting vulnerable parties with clear time limits on annulment actions.

Real-World Examples

Underage marriage: If a 17‑year‑old marries, that person can challenge the marriage as voidable, but only within four years after turning 18. For example, someone married at 17 must file for annulment by age 22.
Mental incapacity: If one spouse was not mentally capable of consenting (e.g. due to illness or disability), a conservator or family member (or the other spouse) can petition to annul at any time before death. For instance, a conservator could annul a marriage if it’s discovered years later that the spouse never understood what they were signing.
Fraud or force: Only the victim (not the wrongdoer) can annul on these grounds, and only quickly. If a spouse married under false pretenses, the defrauded spouse must annul within four years of learning the fraud. If a spouse was coerced or forced into marriage, the coerced spouse has four years from the wedding to file. (Newer law will soon extend this limit for forced-marriage victims.)
Bigamy: If one spouse’s prior marriage was still in effect (bigamy), either spouse (or the previous spouse) can ask a court to nullify the bigamous marriage – generally at any time during the other spouse’s life. In practice, this means there’s effectively no statute-of-limitations for annulment based on bigamy.

Published Case Law on § 2211

Pryor v. Pryor, 177 Cal.App.4th 1448, 99 Cal.Rptr.3d 853 (Cal. Ct. App. 2009) – The court dismissed a daughter’s attempt (as successor to her late father) to annul the father’s secret marriage for fraud. It held that only the defrauded spouse may seek annulment and within four years of discovering the fraud.
Greene v. Williams, 9 Cal.App.3d 559, 88 Cal.Rptr. 261 (Cal. Ct. App. 1970) – A mother’s petition to annul her deceased minor son’s marriage failed. The court ruled that a voidable marriage cannot be annulled after one spouse’s death.
In re Marriage of Goldberg, 22 Cal.App.4th 265, 27 Cal.Rptr.2d 298 (Cal. Ct. App. 1994) – A husband filed for annulment and died during the case. The court allowed the action to continue under Probate Code § 573 because the petition had already been filed.

Full Text of California Family Code § 2211

(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:
(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent.
(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.

(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:
(1) Either party during the life of the other.
(2) The former spouse.

(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.

(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years after the discovery of the facts constituting the fraud.

(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years after the marriage.

(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage.

Disclaimer: This summary is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney for legal counsel.