Legal Definitions - diriment impediment

A diriment impediment is a legal obstacle that makes a marriage or other legal act absolutely invalid from its very beginning. Unlike an impediment that might make an act merely unlawful or irregular, a diriment impediment means the act never truly came into existence in the eyes of the law. It's as if the marriage or act never happened because a fundamental legal requirement was missing or violated, rendering it void from the outset.

• Example 1: Existing Marriage (Bigamy)

  Imagine a situation where David is legally married to Maria. Without divorcing Maria, David participates in a marriage ceremony with Lisa. In this scenario, David's existing, valid marriage to Maria acts as a diriment impediment to his attempted marriage with Lisa. Because David was already legally married, his subsequent marriage to Lisa is void from the start; it never legally existed, and the law would not recognize it as a valid union.

• Example 2: Close Blood Relationship (Incest)

  Consider two individuals, Sarah and Tom, who are biological siblings but were separated at birth and adopted by different families. Unaware of their biological connection, they meet later in life and decide to marry. In nearly all legal systems, marriage between close blood relatives (such as siblings) is strictly prohibited. Their biological relationship would constitute a diriment impediment, making their attempted marriage legally invalid and void, regardless of their lack of knowledge about the relationship.

• Example 3: Lack of Legal Capacity (Age)

  Suppose a 15-year-old attempts to marry an adult in a jurisdiction where the minimum legal age for marriage is 18, and there are no provisions for parental consent or judicial waivers for individuals under that age. The 15-year-old's age, being below the legally mandated minimum, serves as a diriment impediment. The law considers them incapable of entering into a valid marriage contract, thereby rendering the marriage void from its inception.