NC · jury_instructions
N.C.P.I.—Civil 815.32
VOIDABLE MARRIAGE (ANNULMENT) - ISSUES OF MARRIAGE OF PERSON UNDER 16, MARRIAGE OF PERSON BETWEEN 16 AND 18, IMPOTENCE AND LACK OF SUFFICIENT MENTAL CAPACITY AND UNDERSTANDING-DEFENSE OF RATIFICATION.
The (state number) issue reads:
"Did (name person) ratify his marriage to (name other person)?"
On this issue the burden of proof is on the defendant. This means
that the defendant must prove, by the greater weight of the evidence,
that (name person) ratified his marriage to (name other person) [after
reaching the age of sixteen years and with the consent of (name
appropriate parent or guardian)]1 [after reaching the age of eighteen
years] [after discovering that (name other person) was impotent] [after
gaining sufficient mental capacity and understanding to marry].
A person ratifies his marriage by continuing to live with the other
person as husband and wife, accepting the benefits of the marital
relationship and behaving in a way that signifies his affirmation of that
relationship [after reaching the age of sixteen years and with the consent
of (name appropriate parent or guardian)][after reaching the age of
eighteen years] [after discovering that the other spouse is impotent]2
[after gaining sufficient mental capacity and understanding to marry].3
Finally, as to this (state number) issue on which the defendant has
the burden of proof, if you find by the greater weight of the evidence that
(name person) ratified his marriage to (name other person), then it would
be your duty to answer this issue "Yes" in favor of the defendant.
If, on the other hand, you fail to so find, it would be your duty to
answer this issue "No" in favor of the plaintiff.
History
N.C.P.I.—Civil 815.32 (January 1999). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
22d012518abc9e25c11a1c57e785505ac6dd7b63a0ba4bd904b2bdf297d092aa
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