The Swier Law Firm Family Law FAQs

Yes. If an annulment is granted, the court may provide for the maintenance of a former spouse to the extent the court deems it proper. However, the court can vacate or modify this maintenance at any time.

Like a divorce, an annulment ends a marriage. But unlike a divorce, when you get an annulment it’s as though you were never married, at least in some ways. Although you need to divide your property just like other divorcing couples, you are legally entitled to call yourself “single” after the annulment, rather than checking the box for “divorced” wherever that comes up.

A marriage can be annulled if the former spouse of either person was living at the time of the marriage, and the marriage with the former spouse was then in force. 

A marriage can be annulled if either person was of unsound mind at the time of the marriage, unless that person, after coming to reason, freely cohabitated with the other as a spouse. 

A marriage can also be annulled if the person on whose behalf it is sought was under the age of legal consent at the time of the marriage, and that the marriage was contracted without the consent of her parents or guardian, unless, after attaining the age of consent, that person for any time freely cohabitated with the other as husband or wife. 

A marriage can be annulled if, at the time of the marriage, the consent of either person was obtained by force, unless that person afterwards freely cohabitated with the other.

A marriage can be annulled if, at the time of the marriage, the consent of either person was obtained by fraud, unless that person, with full knowledge of the facts constituting the fraud, freely cohabitated with the other.

A marriage can be annulled if either person was, at the time of the marriage, physically incapable of entering into the marriage, and this incapacity continues and appears to be incurable. 

Yes. In 1989, South Dakota adopted its version of the Uniform Premartial Agreement Act.

Maybe. However, once you're married, a premarital agreement can only be changed or revoked by a written agreement signed by both spouses

A premarital agreement becomes effective upon marriage.

A premarital agreement may include:

• The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
• The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise  manage and control property;
• The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
• The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
• The ownership rights in and disposition of the death benefit from a life insurance policy;
• The choice of law governing the construction of the agreement; and
• Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

It should also be noted that the right of child support cannot be adversely affected by a premarital agreement.

A premarital agreement must be in writing and signed by both parties. It is also enforceable without consideration.

A "premarital agreement" is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

Yes. Every spouse is jointly and severally liable for the purchase price, or the reasonable value of, all the "necessaries" of life, including food, clothing, and fuel purchased by either spouse for their family while they are living together as a married couple.

Maybe. The general rule is that neither spouse has any interest in the property of the other, except for their respective rights for support, and except that neither can be excluded from the other's home.