Legal Definitions - attempted marriage

An attempted marriage refers to a situation where individuals participate in a marriage ceremony or declare their intent to marry, but due to a fundamental legal impediment, the union is considered invalid from its very beginning. It is legally treated as if the marriage never existed, even though the parties went through the motions of getting married. This differs from a "voidable marriage," which is valid until a court declares it void.

Here are some examples to illustrate this concept:

• Example 1: Bigamy

  A man, still legally married to his first wife, goes through a full wedding ceremony with a second woman, who is unaware of his existing marriage. They exchange vows and receive a marriage certificate.

  This is an attempted marriage because, despite the ceremony and the second woman's belief, the man was legally incapable of entering into another marriage. The law considers this second union void from the start, meaning it never legally came into existence due to the prior, valid marriage.

• Example 2: Prohibited Relationship

  A brother and sister, unaware of the legal prohibitions in their jurisdiction, decide to get married and have a formal ceremony with an officiant and witnesses.

  This constitutes an attempted marriage. Even though they went through a ceremony, the law in most places prohibits marriage between close relatives (incest), making such a union fundamentally void. The legal system would not recognize their marriage as valid, regardless of their intentions or the ceremony performed.

• Example 3: Lack of Essential Legal Requirements

  A couple, wanting to avoid official procedures, asks a friend to officiate their wedding ceremony in their backyard. The friend is not legally authorized to perform marriages in their state, and the couple also fails to obtain a marriage license, which is a mandatory requirement.

  This is an attempted marriage because two critical legal requirements were not met: the officiant lacked the proper legal authority, and no marriage license was obtained. Without these essential elements, the ceremony, despite their intentions and the presence of witnesses, does not create a legally recognized marriage, rendering it void.