Texas Court Annuls Marriage of Ward Under Guardianship

In November 2018 and January 2019, respectively, a man (the ward) was found to lack capacity to care for himself, contract, or marry. Without the consent of the ward’s guardians, he married his girlfriend (Martinez) in March of 2019. Following the marriage, the guardians petitioned to annul the marriage and a Texas trial court granted the annulment. Martinez then appealed the decision to the Fourth Court of Appeals in Texas.

Martinez argued that the trial court could not annul her marriage without an evidentiary hearing. Responding to the argument, the Fourth Court of Appeals, citing the Texas Family Code, stated that the trial court has discretion in granting an annulment and is not required to hold an evidentiary hearing before doing so. 

Under Texas law, guardians have the burden of showing that the ward lacked capacity to marry before vows have been exchanged. Martinez asserted that vows were exchanged in March 2019. However, even if true, the ward was found to lack the capacity to marry in November 2018 and January 2019, in which one of the orders expressly stated that the ward, “shall not retain the right to marry.” Martinez failed to provide any evidence that the ward’s right to marry had been reinstated.

In order to defeat the appeal of the annulment, the ward’s guardians also had to show that the ward had not voluntarily cohabited with Martinez following the wedding ceremony. Martinez failed to show that the ward voluntarily cohabited with Martinez, which would have shown that he was able to recognize the marriage relationship. The Fourth Court of Appeals quickly affirmed the Texas trial court’s decision to annul the marriage.

In conclusion, if a ward has their right to marry revoked and lacks the capacity required to recognize a marriage, the Texas courts will have a very simple decision to make! Annulment!

See Texas Court Annuls Marriage of Ward Under Guardianship, Probate Stars, May 1, 2020.