Delaware Code

13 Del. C. § 1506 (2026)

Annulment

✓ current as of May 2026

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(a) The Court shall enter a decree of annulment of a marriage entered into under any of the following circumstances:

(1) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity, or because of the influence of alcohol, drugs or other incapacitating substances;

(2) A party lacked the physical capacity to consummate the marriage by sexual intercourse and the other party did not, at the time the marriage was solemnized, know of the incapacity;

(3) A party was less than legal age, if the marriage was not confirmed by such party after reaching legal age;

(4) One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage;

(5) One or both parties entered into the marriage under duress exercised by the other party, or a third party, whether or not such other party knew of such exercise of duress;

(6) One or both parties entered into the marriage as a jest or dare; or

(7) The marriage is prohibited and void or voidable as provided in § 101 of this title.

(b) A decree of annulment may be sought by any of the following persons, and a petition therefor must be filed within the times specified below, but in no event may a decree of annulment be sought after the death of either party to the marriage, except as provided in this section:

(1) For the reasons set forth in either paragraph (a)(1), (4), (5) or (6) of this section, by either party to the marriage who was aggrieved by the condition or conditions, or by the legal representative of the party who lacked capacity to consent, no later than 90 days after petitioner obtained knowledge of the described condition.

(2) For the reason set forth in paragraph (a)(2) of this section, by either party no later than 1 year after petitioner obtained knowledge of the described condition.

(3) For the reason set forth in paragraph (a)(3) of this section, by the underaged party, such underaged party’s parent or guardian, no later than 1 year after the date the marriage was entered into.

(4) A decree of annulment for the reason set forth in paragraph (a)(7) of this section may be sought by either party, by the legal spouse in case of bigamous, polygamous or incestuous marriages, by the appropriate state official, or by a child of either party at any time prior to the death of either party or prior to the final settlement of the estate of either party and the discharge of the personal representative, executor or administrator of the estate, or prior to 6 months after an order of distribution is made under Chapter 23 of Title 12.

(c) Children born of an annulled marriage are legitimate. Marriages annulled under this section shall be so declared as of the date of the marriage.

(d) The provisions of this chapter relating to the property rights of spouses are applicable to annulment.

(e) “Separation” as defined in § 1503 of this title is inapplicable to annulment proceedings; and a petition may be filed whenever a circumstance exists as defined by, and within the time limit specified in, this section.

24 Del. Laws, c. 213, § 1; 25 Del. Laws, c. 221, § 1; Code 1915, § 3004; Code 1935, § 3497; 13 Del. C. 1953, § 1551; 59 Del. Laws, c. 350, § 1; 61 Del. Laws, c. 365, § 6; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 235, § 3; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 51, § 1;

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 1974–2026 · leading case: C. v. C., 320 A.2d 717 (Del. 1974).

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C. v. C., 320 A.2d 717 (Del. 1974). · cites it 5× “Thereafter, a reporter for the intervenor, which publishes two daily newspapers in the Wilmington area, asked the trial judge orally for permission to examine the file, citing in support of his request 13 Del.C. § 1506. The request was granted orally on September 24.”

Katz v. Katz, 514 A.2d 1374 (Pa. 1986). “§ 1506, which provided that “[n]o record or evidence in any case shall be impounded or access thereto refused,” was not intended as a public access statute applicable to actions of divorce but was designed rather to guarantee the litigants absolute access to the judicial file in…”

Husband, C. v. Wife, C., 320 A.2d 717 (Del. 1974). · cites it 5× “Thereafter, a reporter for the intervenor, which publishes two daily newspapers in the Wilmington area, asked the trial judge orally for permission to examine the file, citing in support of his request 13 Del.C. § 1506. The request was granted orally on September 24.”

Angela Okafor Carlisle v. Rone Everett (Del. Ch. 2024). · cites it 2× “On the one hand, 13 Del. C. § 1506 (which governs efforts to challenge Green’s marriage to Everett)22 grants very few persons who are not parties to a marriage standing to challenge its validity “after the death of either party to the marriage” for estate administration purposes…”

Russell L. Lafon, Sr., as Pers. Rep. of the Est. of Russell L. LaFon, Jr. v. Jacqueline Marie Felmlee (Del. 2026). · cites it 2× “Because the marriage is not void, any effort to annul it must conform to the Act and specifically 13 Del. C. § 1506. Under that section of the Act, “in no event may a decree of annulment be sought after the death of either party,” 32 subject to certain limited exceptions and…”

Angela Okafor Carlisle v. Rone Everett (Del. Ch. 2026). · cites it 2× “, draw all reasonable inferences in favor of the plaintiff, and deny the motion unless the plaintiff could not recover under any reasonably conceivable set of circumstances susceptible of proof.”

Keller-Minus v. Pakston (Del. 2019). “Under Section 1506(b)(4), a child of either spouse may seek annulment of a marriage that is voidable under Section 101 “at any time prior to the death of either party or prior to the final settlement of the estate of either party and the discharge of the personal representative,…”

Daniel Goode v. Sarina Goode (Del. 2025). “139 See 13 Del. C. § 1506(d) (“The provisions of this chapter relating to the property rights of spouses are applicable to annulment.”

Moss v. Davis, 794 A.2d 1288 (Del. Fm. Ct. 2001). “The Delaware Annulment Statute, 13 Del. C. § 1506, on annulment provides in pertinent part as follows: § 1506.”

— 13 Del. C. § 1506(b) — 1 case

Russell L. Lafon, Sr., as Pers. Rep. of the Est. of Russell L. LaFon, Jr. v. Jacqueline Marie Felmlee (Del. 2026). “Because the marriage is not void, any effort to annul it must conform to the Act and specifically 13 Del. C. § 1506. Under that section of the Act, “in no event may a decree of annulment be sought after the death of either party,” 32 subject to certain limited exceptions and…”

— 13 Del. C. § 1506(b)(4) — 1 case

Angela Okafor Carlisle v. Rone Everett (Del. Ch. 2024). “On the one hand, 13 Del. C. § 1506 (which governs efforts to challenge Green’s marriage to Everett)22 grants very few persons who are not parties to a marriage standing to challenge its validity “after the death of either party to the marriage” for estate administration purposes…”

— 13 Del. C. § 1506(d) — 1 case

Daniel Goode v. Sarina Goode (Del. 2025). “139 See 13 Del. C. § 1506(d) (“The provisions of this chapter relating to the property rights of spouses are applicable to annulment.”

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