What is the test for a spouse seeking a judgment of nullity on the grounds that their marriage was fraudulent?

California, United States of America


The following excerpt is from Marriage of Rabie, In re, 115 Cal.Rptr. 594, 40 Cal.App.3d 917 (Cal. App. 1974):

We disagree. As stated in Bragg v. Bragg, 219 Cal. 715, 720, 28 P.2d 1046, 1048: 'The general rule is that before one of the spouses is entitled to . . . (a judgment of nullity) on the ground that the marriage was induced by fraud, it must appear that the . . . (respondent) has made false statements upon matters which the state deems vital to the marriage relationship, or the evidence must be clear to the effect that the spouse against whom the . . . (judgment of nullity) is sought at the time the marriage was contracted did not intend to perform marital duties, but on the contrary assumed the relation with the sole intent of . . . gaining thereby some advantage which inheres in the matrimonial state.'

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