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Legal Definitions - nullity of marriage

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Definition of nullity of marriage

Definition: Nullity of marriage refers to the invalidity of a marriage that is void on its face or has been voided by court order. A void marriage, such as an incestuous marriage, is invalid on its face and requires no formality to end.

Example: If two siblings get married, their marriage is considered void from the beginning because it is incestuous. They do not need to go through a formal process to end the marriage because it was never valid in the first place.

This example illustrates the definition of nullity of marriage by showing that a marriage can be considered void if it violates certain legal requirements, such as the prohibition against incestuous marriages. In such cases, the marriage is considered invalid from the beginning and does not need to be formally ended through a divorce

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Simple Definition

Nullity of marriage means that a marriage is not valid because it is either void on its face or has been voided by a court order. A void marriage, like an incestuous marriage, is invalid from the beginning and does not require any formalities to end. The essentials of a valid marriage are parties legally capable of marrying, mutual consent or agreement, and an actual contracting in the form prescribed by law. Marriage has important consequences in many areas of the law, such as torts, criminal law, evidence, debtor-creditor relations, property, and contracts.
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