Void marriage

A void marriage is a marriage which is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is "one that is void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate."

A marriage, however, which can be canceled at the option of one of the parties is merely voidable, meaning it is subject to cancellation if contested in court. A marriage that is entered into in good faith, but which is subsequently found to be void, may be recognized as a putative marriage and the spouses as putative spouses, with certain rights granted by statute or common law, notwithstanding that the marriage itself is void.

According to Paul J. Goda the distinction between void and voidable marriages arose in the context of a jurisdictional dispute between the civil and ecclesiastical courts. The civil courts held jurisdiction over property matters, while the church retained jurisdiction over the validity of marriages. There was an overlap in cases of inheritance where it was necessary to determine the legitimacy of putative heirs. With the Reformation the focus shifted from marriage as a religious matter to that of a civil contract. "Early American courts accepted the distinction between canonical and civil disabilities as the rationale for void (civilly disabled) and voidable (canonically disabled) marriages." Colonial courts followed the Common Law view in looking to the capacity of the parties to enter into a legally binding contract.

In general, a marriage is void (as opposed to voidable) if:

Most jurisdictions recognise the validity of marriages performed in another jurisiction. However, a jurisdiction where the parties to the marriage normally reside may not recognise a "foreign" marriage. Common reasons for a court to find a marriage void ab initio are that the marriage is incestuous, polygamous, a same-sex marriage, or a group marriage.

Under the Domestic Relations Law of New York State, all incestuous marriages are void, but this does not include cousin marriages of any degree:

Under the law of the United Kingdom, a void marriage is "one that is considered never to have taken place, whatever procedure may have been followed by the people concerned." The relevant legislation is the Matrimonial Causes Act 1973 which has been amended by the Divorce (Religious Marriages) Act 2002 and the Marriage (Same Sex Couples) Act 2013 among others.

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Wikipedia