Intent and Capacity to Marry Flashcards
What is a Void ab initio marriage?
Examples of Void ab initio marriages?
This is a void marriage. It is a legal nullity and is incapable of possessing any marital consequences.
Plural marriage and incest.
What is voidable marriage?
Examples of voidable marriages?
A valid marriage for all civil purposes unless it is annulled in a direct legal proceeding by either the husband or a wife to the marriage.
Examples include under age, mental and physical incapability, fraud, duress, and limited purpose marriages.
What are the general rules regarding age restrictions on marriage?
1) Marriage is valid where celebrated and is general valid everywhere unless it violates a strong public policy;
2) State’s right to control age is not a deprivation of right to marry - it is only a delay in their rights;
3) Unclean hands may impact a court’s view of a request for annulment due to voidable marriage.
Fraudulent marriages are voidable. When can a court declare them void?
When the fraud is “material” to the marriage. Meaning it goes to the essence of the marriage. Must be proved by clear and convincing evidence.
When will duress make a marriage void and voidable?
If the duress exists at the time of marriage, then it is void ab initio. This is a subjective test.
What are limited purpose marriages?
Limited purpose marriages are those that are in jest or used for immigration purposes. These are voidable.
