Hi there and thank you for your question,
I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.
Our courts have held in a number of cases that as long as the purpose of the marriage can continue, that a court will NOT grant an annulment.
The example always used is if the man knows he can't have children, and gets married, and doesn't tell his wife, and then the wife finds out that he can't have children - the court will allow an annulment because the "purpose of the marriage" can't continue. To a certain degree I suppose HIV would fall into the same category.
But where do you draw a line?
Many people live with a strain of the herpes virus, and have normal lives.
In order to have your marriage annuled you would need to prove to the high court that you simply can't continue in your marriage due to the fact that your partner has the herpes virus. I think that it will be incredibly tough to prove because of the "slippery slope" argument. i.e. where does the court draw a line? What about somebody with cancer? What about diabetes?
What disease falls onto this side of the line, and what the other side?
At present the only sure thing is that a court will grant an annulment if you can't raise a family (have children) since the real "purpose" of the marriage is to have a family.
Does this assist?
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Good luck and best regards,