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(a) either party to the marriage is incapable of consummating the marriage; (b) either party to the marriage is: (i) of unsound mind; or (ii) a mental defective; (c) either party to the marriage is suffering from a venereal disease in a communicable form; or (d) the wife is pregnant by a person other than the husband, and not otherwise."
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 marriage (in some jurisdictions) or group marriage. Attempts to espouse a Ford motorcar [5] or a "porn-filled Apple computer" [6] have been dismissed as ...
The Convention on the issue of multilingual and coded certificates and extracts from civil status records, signed in Strasbourg on 14 March 2014, is an update to the convention of 1976, to extend its provisions to documents acknowledging parentage, registered partnership and same-sex marriage, electronic transmission of documents, specify the ...
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.
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 ...
The following principles apply only to the dissolution of a common-law marriage in terms of the Divorce Act. To obtain a decree of divorce on the ground of the irretrievable breakdown of the marriage, the plaintiff must satisfy the court that the marriage relationship between the parties has reached such a state of disintegration that there is no reasonable prospect of the restoration of a ...
Voidable marriage: (Section 3 ) Every child marriage is voidable at the option of the contracting party who was child at the time of solemnization of marriage. A Decree of nullity can be obtained by such person by filing petition before the District court for annulment of marriage within 2 years after attaining majority. [ 11 ]