§580-22 Nonage. An action to annul a marriage on the ground that one of the parties was under legal age, may be brought by the parent or guardian entitled to the custody of the minor, or by any person admitted by the court to prosecute as the friend of the minor. In no case shall the marriage be annulled on the application of a party who was of legal age at the time it was contracted; nor when it appears that the parties, after they attained the legal age, had for any time freely cohabited as man and wife. [CC 1859, §1314; am L 1903, c 22, §2; RL 1925, §2956; RL 1935, §4451; RL 1945, §12202; RL 1955, §324-2; HRS §580-22; am L 1973, c 211, §5(j)]
Case Notes
Once nonage spouse dies no ground to annul such marriage. 6 H. 289 (1881).
Suit should be in name of minor by parent or guardian or in name of parent and minor made defendant. 7 H. 219 (1888); 7 H. 278 (1888).
Structure Hawaii Revised Statutes
580. Annulment, Divorce, and Separation
580-2 Commencement of action; summons.
580-3.5 Personal judgment against absent defendant.
580-6 Guardian ad litem for incompetent defendant.
580-7 Examination of parties to prevent collusion.
580-8 Procedure when collusion suspected.
580-10 Restraining orders; appointment of master.
580-10.5 Automatic restraining order.
580-11 Care, custody, education, and maintenance of children pendente lite.
580-12 Sequestration of property.
580-13 Security and enforcement of maintenance and alimony.
580-14 Renumbered as §571-52.1.
580-15 County attorneys to represent court.
580-16 Divorce decree, support order; social security number.
580-23 Former husband or wife living.
580-24 Allowance for spouse and family.
580-25 Inheritance by children.
580-26 Lack of mental capacity.
580-27 Legitimacy in case of annulment.
580-29 No annulment solely on confessions.
580-41.5 Battered spouses; exemption from mediation in divorce proceedings.
580-42 OLD REPEALED. §580-42 Irretrievable breakdown.
580-42.5 Recrimination no defense.
580-44 Persons affected with Hansen's disease represented by attorney general.
580-46 Final judgment; nunc pro tunc entry; validation of certain marriages.
580-47 Support orders; division of property.
580-47.5 Notice to parties with children.
580-49 Support of insane spouse after divorce.
580-51 Modification of alimony on remarriage.
580-52 Marriage after divorce.
580-56 Property rights following dissolution of marriage.
580-71 Grounds for separation.
580-71.5 Separation no bar to divorce.
580-72 Married persons may bring action in own name.
580-74 Support of spouse and children.