Legal Definitions - Void marriage

A void marriage is a marriage that, for fundamental legal reasons, was never considered valid from the very beginning and can never be made valid. In the eyes of the law, it is as if the marriage never existed. This differs significantly from a voidable marriage, which is initially valid but can be annulled due to certain defects.

Void marriages typically arise when there is a critical legal impediment that prevents the formation of a legitimate marital contract, making it impossible for the union to be recognized as legal, regardless of any ceremony or intent.

• Example 1: Existing Legal Marriage (Bigamy)

  Imagine David marries Sarah, but he is still legally married to his first wife, Emily, from whom he never obtained a divorce. Even if David and Sarah went through a full wedding ceremony and believed they were legally married, their union would be a void marriage. This is because David lacked the legal capacity to marry Sarah while still legally bound to Emily, making his second marriage invalid from its inception. It cannot be made valid, even if David later divorces Emily.

• Example 2: Marriage for Immigration Purposes Only (Sham Marriage)

  Consider a situation where Elena, a non-citizen, enters into a marriage with Mark, a citizen, solely for the purpose of obtaining immigration benefits. They have no intention of living together as spouses, sharing a life, or fulfilling the typical duties of a marital relationship. In this scenario, the marriage would be considered void because the fundamental intent to enter into a genuine marital union was absent from the start. Despite any legal paperwork or ceremony, the lack of true marital intent means the marriage never legally existed.

• Example 3: Prohibited Degree of Relationship (Incest)

  Suppose a brother and sister, unaware of their biological relationship, marry each other in a jurisdiction where marriage between siblings is strictly prohibited by law. Once their relationship is discovered, their marriage would be declared void. The legal prohibition against marriage between individuals within certain close familial relationships is a fundamental impediment that makes such a union invalid from the outset, regardless of the parties' knowledge or intent. It cannot be made valid because it violates a core legal and societal norm.