Legal Impediments to Marriage

Question 1

What are potential legal impediments to marriage?

Answer 1

• Nonage
• Consanguinity and Affinity
• Lack of consent
• Prior marriage still in force

Question 2

When is nonage a legal impediment to marriage?

Answer 2

Either party under age 14: marriage is prohibited.

Either party between age 14-18: need consent of parent/guardian.

Question 3

When is consanguinity and affinity a legal impediment to marriage?

Answer 3

Marriage not allowed between blood relatives (whole or half-blood) who are ancestor-descendant, brother-sister, and uncle-niece or aunt-nephew

Question 4

When is lack of consent a legal impediment to marriage?

Answer 4

Mental incapacity
+ Inability of a party to consent to marriage due to mental incapacity or infirmity will render the marriage invalid.

Fraud
+ Lack of consent to the marriage because of fraud.

Question 5

When can a prior marriage be a legal impediment to marriage?

Answer 5

Cannot enter into another valid marriage UNLESS:

+ Former spouse has died

OR

+ Prior marriage was judicially terminated.