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What is VOID MARRIAGE? What does VOID MARRIAGE mean? VOID MARRIAGE meaning, definition & explanation

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avoid marriage is a marriage which is

unlawful or invalid under the laws of

the jurisdiction where it is entered

avoid 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 a

marriage that is entered into in good

faith but which is subsequently found to

be void may be recognized as a putative

marriage and the spouses as putative

spouses with certain rights granted by

statute or common-law notwithstanding

that the marriage itself is void

according to Paul J Goethe the

distinction between void and voidable

marriages arose in the context of a

jurisdictional dispute between the civil

and ecclesiastical courts the civil

courts held jurisdiction over property

matters while the church retained

jurisdiction over the validity of

marriages there was an overlap in cases

of inheritance where it was necessary to

determine the legitimacy of putative

heirs with the Reformation the focus

shifted from marriage as a religious

matter to that of a civil contract early

American courts accepted the distinction

between canonical and civil disabilities

as the rationale for void civilly

disabled and voidable canonically

disabled marriages colonial courts

followed the common law view in looking

to the capacity of the parties to enter

into a legally binding contract in

general a marriage is void as opposed to

voidable if the parties degree of

consanguinity is too close for example a

brother and sister or a parent and a

child different jurisdictions have

different lists of prohibited incestuous

relationship 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 a same-sex

marriage in some jurisdictions or group

marriage attempts to a spouse a ford

motor car or a porn filled Apple

computer have been dismissed as void

there is a pre-existing marriage by at

least one of the parties and the

subsequent marriage may also constitute

a crime of bigamy most jurisdictions

recognize the validity of marriages

performed in another yiran however a

jurisdiction where the parties to the

marriage normally reside may not

recognize a foreign marriage common

reasons for a court to finds a marriage

void ab initio are that the marriage is

incestuous polygamous a same-sex

marriage or a group marriage

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