Resumen de Fraud in courtship: Annulment and divorce

Margaret F. Brinig, Michael V. Alexeev

• The possibility of fraud exists in any contract. Courts and custom allow some amount of fraud before voiding the contract. The same principles hold for marriage. This paper provides a comparative analysis of annulment and divorce, shows that there exists a socially optimal amount of fraud in marriage, and demonstrates how changes in the locale's divorce regime result in changing demand for annulments. While substitutability between annulment and divorce is limited, annulment is shown to become more valuable for introducing fault when the divorce regime shifts to no fault. As European nations harmonize their family laws, they should be conscious of this substitutibility.