What can invalidate a marriage regarding knowing and voluntary consent?

The validity of a marriage hinges significantly on the concept of knowing and voluntary consent, which means that both parties must fully understand what they are agreeing to and do so without coercion or deceit. In this context, fraudulent inducement related to essentials of the marriage is crucial because it directly pertains to misrepresentations that affect the very foundation of consent.

When one party is led to believe something that is fundamentally important to the marriage—such as fidelity, intentions to have children, or other essential aspects of marital life—this can constitute fraudulent inducement. If this deceit is discovered, it undermines the consent that the deceived party had given, thereby potentially invalidating the marriage. This form of fraudulent misrepresentation is particularly consequential because it relates to the core expectations that individuals have when entering into a marital contract.

While misrepresentation about financial conditions and one’s personal history may certainly impact the relationship and trust between spouses, they do not necessarily relate to the essential elements of marriage itself. Being intoxicated at the time of marriage might inhibit one’s ability to give fully informed consent, but that situation does not involve fraudulent misrepresentation targeting the essentials of the marital agreement. Thus, fraudulent inducement tied to fundamental aspects of the marriage is the most critical issue when