Edmunds v. Edwards
205 Neb. 255, 287 N.W.2d 420 (1980)
Harold was mentally
handicapped, but not so much that the State had deemed him mentally
incompetent.
He met Inez through his work.
She was also mentally handicapped. The two began dating, received
premarital counseling, and eventually married.
Two years later, Harold's
guardian (Edmunds) filed to have the marriage annulled on the basis that Harold was not mentally
competent to enter a marriage.
Lack of mental capacity is a
voidable ground for annulment, not a void ground.
The Trial Court found that the
marriage was valid. Edmunds appealed.
The Trial Court heard
testimony from a number of people who knew the couple. For the most part
they agreed that Harold was not very bright, but that he was intelligent
enough to have the capacity to marry.
However, there was some
disagreement.
The Court found that in
order to establish capacity to marry,
a person has to show evidence that they understand three factors:
That marriage is a
commitment for life
That it involves sexual
relations, and
That it carries financial
obligations.
The Nebraska Supreme Court
affirmed.
The Nebraska Supreme Court
noted that a marriage is presumed valid, and the burden of proof is upon
the party seeking annulment.
The Court found that there
was not enough evidence to overturn the decision of the Trial Court.
In general, there are four
elements that must be established to show capacity:
Do I understand the objects
of my bounty?
(do I know who my family
members are?)
Do I understand the extent
of my bounty?
(do I know how much money I
have?)
Do I understand the
uniqueness of this transaction?
