Haacke v. Glenn – Annulment
Haacke v. Glenn, 814 P.2d 1157 (1991).
NATURE OF THE CASE: This was an appeal from an annulment.
FACTS: Haacke and Glenn were married in Utah in 1989. At the time of marriage W was employed as a lawyer in the criminal division of the department of corrections for the state of Utah. She had unlimited access to criminal files and records. W’s marriage to a convicted felon would create a severe conflict of interest and would place her in violation of state policy and procedure. Prior to the marriage, H intentionally and deliberately concealed that he had been convicted of a second degree felony for theft of property in Alabama. H told W that his frequent trips to Alabama were for child support obligations when in fact they were for payment of fines and restitution in connection with his felony conviction.
W did not become aware of H’s felony conviction until she was informed by her employer. W was informed that her employment would be terminated unless a change of affairs occurred. W filed for divorce and amended the complaint to seek an annulment. The parties stipulated to the annulment but the trial court refused and instead granted the divorce. This appeal resulted.
ISSUE: Is fraud a common law ground for annulment?
RULE OF LAW: Yes. Fraud that goes to the essence of a marriage is a common law ground for annulment.
Under the common law a marriage could be annulled for fraud going to the essence of the marriage such that the fraud directly affects the marriage relationship, rather than the fraud as would be sufficient to rescind an ordinary civil contract. The fraud must be material to the essence of the marriage such that the deceived party would not have entered into the marriage knowing the true facts. Under these facts, W has presented a strong case for annulment as it relates to this particular fraud.
DISPOSITION: Reversed and remanded.