Termination of Marriage (other than divorce)

Question 1

Void Marriage

Answer 1

A marriage is void, an utter nullity, when it failed to meet the essential requirements for a legal marriage, and no subsequent act can ratify the marriage.

Question 2

What will render a marriage “void”

Answer 2

1. Bigamy or polygamy, or
2. Consanguinity (too closely related)

Question 3

What argument does a subsequent spouse have when faced with a void marriage from bigamy?

Answer 3

1. That there is a strong presumption that the second marriage is valid, and
2. that if the prior marriage is later terminated by divorce, annulment, or death, the continued cohabitation validates the second marriage under UMDA and similar statutes.

Question 4

Voidable Marriage

Answer 4

A voidable marriage is valid until it is declared null, that is, it is valid until a spouse attempts to terminate the marriage by judicial order on the basis of an impediment.

Question 5

What will render a marriage voidable

Answer 5

Generally, a marriage is voidable when a type of event or condition affects the adequacy of a party’s consent. This may include:

1. Nonage: Under statutory age.
2. Incurable Impotence: unable to sexually perform (do not confuse with infertility)
3. Lack of capacity (can be mental infirmity caused by influence of drugs or alcohol).
4. Duress
5. Fraud.

Question 6

How can a voidable marriage be ratified?

Answer 6

Usually, a voidable marriage can be ratified by continued cohabitation.

For example: If under statutory age, when they come of age and they continue to cohabitate, that is ratified. Or, if you were heavily influenced by alcohol, but you continue to cohabitate as spouses, then you have ratified the marriage.

Question 7

Other defenses to voidable marriage

Answer 7

The only way to defend against a voidable marriage is to deny the existence of the defect, either by removal of the defect or ratification.

Question 8

How does annulment affect the children of the marriage?

Answer 8

Considered marital children, and are still subject to support and custody in the same way as divorce.

Question 9

How does annulment affect spousal support?

Answer 9

Generally, it is not awarded. Additionally, if spousal support from a previous marriage was terminated after a subsequent marriage, and the subsequent marriage is annulled, the annulment will not revive the spousal support.