                                 CODE OF VIRGINIA

SUIT TO ANNUL MARRIAGE (§ 20-89.1)

A. When a marriage is alleged to be void or voidable for any of the causes
mentioned in &#xA7; 20-13, 20-38.1, or 20-45.1 or by virtue of fraud or duress,
either party may institute a suit for annulling the same; and upon proof of the
nullity of the marriage, it shall be decreed void by a decree of annulment.

B. In the case of natural or incurable impotency of body existing at the time of
entering into the marriage contract, or when, prior to the marriage, either
party, without the knowledge of the other, had been convicted of a felony, or
when, at the time of the marriage, either spouse, without the knowledge of the
other spouse, was with child by a person other than the other spouse or had
conceived a child born to a person other than the other spouse within 10 months
after the date of the solemnization of the marriage, or where, prior to the
marriage, either party had been, without the knowledge of the other, a
prostitute, a decree of annulment may be entered upon proof, on complaint of the
party aggrieved.

C. No annulment for a marriage alleged to be void or voidable under subsection B
of &#xA7; 20-45.1 or subsection B of this section or by virtue of fraud or
duress shall be decreed if it appears that the party applying for such annulment
has cohabited with the other after knowledge of the facts giving rise to what
otherwise would have been grounds for annulment, and in no event shall any such
decree be entered if the parties had been married for a period of two years
prior to the institution of such suit for annulment.

D. For any marriage entered into prior to July 1, 2024, a party who, at the time
of such marriage as is mentioned in &#xA7; 20-48, was capable of consenting with
a party not so capable shall not be permitted to institute a suit for the
purpose of annulling such marriage.

HISTORY: 1975, c. 644; 1976, c. 356; 2016, cc. 457, 543; 2020, c. 900; 2024, c.
737.