HRS §580-26
When a marriage can be annulled for lack of mental capacity
A marriage can be annulled if one spouse did not have the mental ability to agree to marry. Either spouse or the guardian of the spouse who lacked capacity can ask for the annulment. But if they freely lived together as a married couple after that spouse gained the ability to consent, the annulment cannot be granted.
guardiansspouses
The statute, as written — Lack of mental capacity
The marriage of a person who lacked the mental capacity to consent to the marriage may be annulled on the application of either party, or on the application of a guardian of the party who lacked capacity; provided that no sentence of nullity shall be pronounced if it appears that the parties freely cohabited as a married couple after the party who lacked mental capacity attained the mental capacity necessary to consent to marriage. [CC 1859, §1318; am L 1903, c 22, §2; RL 1925, §2960; RL 1935, §4455; RL 1945, §12206; RL 1955, §324-6; HRS §580-26; am L 1973, c 211, §5(1); am L 1980, c 43, §2; am L 2023, c 160, §11]
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