void marriage

A marriage that is invalid from its inception, that cannot be made valid, and that can be terminated by either party without obtaining a divorce or annulment.

• For example, a marriage is void if the parties are too closely related or if either party is already married. A void marriage does not exist, has never existed, and needs no formal act to be dissolved — although a judicial declaration may be obtained.

— Also termed attempted marriage. See NULLITY OF MARRIAGE(1). [Cases: Marriage 53–54. C.J.S. Marriage §§ 43–45.]


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