Legal Definitions - nullity of marriage

Nullity of marriage refers to the legal declaration that a marriage is invalid and never legally existed, or that it was invalid from its very beginning. It can also describe the legal process, often called an annulment, through which a court formally declares a marriage to be invalid.

Essentially, when a marriage is declared a nullity, it means that, for legal purposes, the marriage never took place. This differs from a divorce, which ends a valid marriage. Some marriages are considered inherently invalid from the outset because they violate fundamental legal requirements (e.g., bigamy). Other marriages are considered valid until a court formally declares them invalid due to certain defects, such as fraud or lack of capacity.

• Example 1: Bigamy

  Imagine a scenario where Mark marries Lisa, but he is still legally married to his first wife, Sarah, from whom he never obtained a divorce. Even though Mark and Lisa went through a wedding ceremony, their marriage is a nullity.

  How it illustrates the term: In most legal systems, a second marriage entered into while a first marriage is still legally active is considered inherently invalid from the very beginning. It never truly existed in the eyes of the law, making it a nullity of marriage.

• Example 2: Marriage Due to Fraud

  Consider a situation where Elena marries David, only to discover later that David married her solely to gain citizenship in her country, with no intention of ever living with her as a spouse or fulfilling any marital duties. He misrepresented his true intentions from the start.

  How it illustrates the term: If David's primary and sole purpose for marrying Elena was to commit fraud (e.g., for immigration benefits) and he intentionally deceived her about his intentions, a court might declare the marriage a nullity. This means the marriage is invalidated from its inception due to the fraudulent basis.

• Example 3: Lack of Mental Capacity

  Suppose during a severe mental health crisis, Robert marries Jessica without truly understanding the legal and personal commitments involved in marriage. Robert's mental state at the time prevented him from giving informed consent to the marriage.

  How it illustrates the term: This marriage could be declared a nullity. If one party lacked the mental capacity to understand the nature of the marriage contract at the time of the ceremony, the marriage is considered voidable. A court could then issue a declaration of nullity, invalidating the marriage from its beginning because one party could not legally consent.