"Nullity of Marriage" or "Nullity of Domestic Partnership" occurs when a marriage or domestic partnership is not legally valid. Incestuous or bigamous marriages are never valid. Marriages and partnerships can be "void" if: Force is used, fraud or physical or mental incapacity - The spouse or partner was not of legal age - The spouse or partner was already legally married or registered. It is extremely rare to get an annulment. The judge will decide at a hearing if your marriage or domestic partnership will be annulled. If there are children in common with the spouse or partner, the court must be asked to establish parentage of that person.