V.J.S. v. M.J.B.

KRAFTE, J.S.C.

It is axiomatic that, given proper proof, a party will be entitled to an annulment when the spouse refuses to have children. This court now finds that the converse is also true, i.e., given proper proof, a party will be entitled to an annulment when the spouse insists on having children, contrary to the express agreement of the parties prior to marriage that they would not have children.

On the representation of defendant that he was in agreement with plaintiff’s wish not to have children, plaintiff married him on September 23, 1989. Subsequent to the parties’ wedding ceremony…