However, if the spouse who did the ability to understand the contract gains the capacity to understand it and freely lives with the other spouse, then this ground does not apply. This particular ground most often applies to someone who has been mentally ill or who has suffered from mental or emotional disorder. If the consent to the marriage contract was obtained either by fraud or force, then there are grounds for an annulment. Fraus is simply not telling the truth in order to induce the other party to enter into the marriage contract. Whether the failure to tell the truth will be grounds for annulment depends of the facts of the case.
Force implies the use of or threat of the use of physical violence to make a person get married.
The person who has been threatened or deceived about the marriage contract continues to live with the spouse after the discovery of the fraud or the deception or after being forced into the marriage, it is possible that this ground will not apply. If either spouse was physically incapable of entering the marriage at the time of the marriage, usually because of a lack of ability to have sexual intercourse, and if this inability appears incurrable or if the spouse refuses to take any action to cure the inability, there are grounds for an annulment. The inability must continue and must exist at the time of suit. Of course, marriage between brother and sister or parent and child or other close relatives are also void and like bigamist marriages, need not be formally annulled. Once again, it may be wise to seek a formal decree of the rights of the parties.