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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]
A difference exists between a void marriage and a voidable marriage. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is ...
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.
The Catholic Church teaches that, in a true marriage, one man and one woman become "one flesh" before the eyes of God. [4] Various impediments can render a person unable to validly contract a marriage. Besides impediments, marriage consent can be rendered null due to invalidating factors such as simulation or deceit, or due to psychological ...
Any marriage contracted without the consent of the monarch was to be null and void. However, any member of the royal family over the age of 25 who had been refused the sovereign's consent could marry one year after giving notice to the Privy Council of an intention so to marry, unless both houses of Parliament expressly declared their disapproval.
The annulment, which renders a marriage null and void, can be sought on the basis of “adultery, pressure to marry, failure to consummate a marriage through vaginal intercourse, or a refusal to have children,” among other reasons. [39]
A polygamous Hindu marriage is null and void. [6] While the punishment specified in Sections 494 and 495 is applicable, it is rare if the first spouse does not have an objection. Muslim polygamy
(3) No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this provision shall be null and void. 765.30 Penalties.