Void marriage
Encyclopedia
A void marriage is a type of marriage
which is on its face unlawful under the laws of the jurisdiction where it is entered, or potentially where the persons who contracted the marriage normally reside. Such a marriage is void
, meaning legally it has no effect, if the marriage violates certain legal requirements. A void marriage is "one that is void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate."
A marriage, however, which can be canceled at the option of one of the parties is merely voidable
, meaning it is subject to cancellation if contested in court.
state, all incestuous marriages are void, but this does not include cousin marriages of any degree:
, a void marriage is "one that is considered never to have taken place, whatever procedure may have been followed by the people concerned." Under the relevant law, the Matrimonial Causes Act 1973:
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
which is on its face unlawful under the laws of the jurisdiction where it is entered, or potentially where the persons who contracted the marriage normally reside. Such a marriage is void
Void (law)
In law, void means of no legal effect. An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity - the law treats it as if it had never existed or happened....
, meaning legally it has no effect, if the marriage violates certain legal requirements. A void marriage is "one that is void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate."
A marriage, however, which can be canceled at the option of one of the parties is merely voidable
Voidable marriage
A voidable marriage is a type of marriage which can be canceled at the option of one of the parties. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage...
, meaning it is subject to cancellation if contested in court.
Generally
The requirements for a marriage to be void (as opposed to voidable) include:- One or both of the parties are below the legal age to marry even with parental consent.
- The parties degrees of consanguinityConsanguinityConsanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
are too close, for example, a brother and sister or a parent and a child. Some jurisdictions have broader limits on consanguinity beyond very close levels, e.g. one jurisdiction may permit first cousinCousinIn kinship terminology, a cousin is a relative with whom one shares one or more common ancestors. The term is rarely used when referring to a relative in one's immediate family where there is a more specific term . The term "blood relative" can be used synonymously and establishes the existence of...
s to marry but another may prohibit them from marrying. - A party to the marriage is forbidden to marry as a result of losing their civil rights, such as for conviction of a crime.
- The form of the marriage is forbidden by statute (such as same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
or group marriageGroup marriageGroup marriage, also known as multi-lateral marriage, is a form of polyamory in which more than two persons form a family unit, with all the members of the group marriage being considered to be married to all the other members of the group marriage, and all members of the marriage share parental...
). - Any of the parties is still married to someone else who is still alive (and the subsequent marriage may also constitute a crime of bigamyBigamyIn cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
).
New York law
Under the Domestic relations law of New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
state, all incestuous marriages are void, but this does not include cousin marriages of any degree:
U.K. Law
Under the law of the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, a void marriage is "one that is considered never to have taken place, whatever procedure may have been followed by the people concerned." Under the relevant law, the Matrimonial Causes Act 1973:
See also
- BigamyBigamyIn cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
- IncestIncestIncest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
- MarriageMarriageMarriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
- Voidable marriageVoidable marriageA voidable marriage is a type of marriage which can be canceled at the option of one of the parties. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage...
- WeddingWeddingA wedding is the ceremony in which two people are united in marriage or a similar institution. Wedding traditions and customs vary greatly between cultures, ethnic groups, religions, countries, and social classes...