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A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, [1] or an annulment may be required to remove any legal impediment to a subsequent marriage. [2]
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. [1] Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place.
A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed.
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Hereupon filing a petition by anyone spouse before the Court of law a decree of nullity is passed declaring the marriage as null and void. A valid marriage can be dissolved by a decree of dissolution of marriage or divorce and Hindu Marriage Act, The Divorce Act and Special Marriage Act allow such a decree only on specific grounds as provided ...
The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage , which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage.
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States have various laws regarding marriage between cousins and other close relatives, [207] which involve factors including whether or not the parties to the marriage are half-cousins, double cousins, infertile, over 65, or whether it is a tradition prevalent in a native or ancestry culture, adoption status, in-law, whether or not genetic ...