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A difference exists between a void marriage and a voidable marriage. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is ...
A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, [1] or an annulment may be required to remove any legal impediment to a subsequent marriage. [2]
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment 00. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
However, there are some significant differences between divorce and annulment. Divorce is concerned merely with the legal effects of marriage. Annulment, however, is also concerned with the reality of whether or not a true marriage was ever formed. This leads to the second difference. At least in most countries, divorce is always possible.
The marriages were quickly annulled by the California Supreme Court, and the city of San Francisco issued a legal challenge that was consolidated with other challenges to California's marriage laws. Meanwhile, the California legislature twice passed, and twice received vetoes from governor Arnold Schwarzenegger on, bills that would have ...
Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio (or void from the outset) and unenforceable.
For example, as enacted in California, the Civil Code contains a definition of consideration, [4] a principle in the common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies the mailbox rule that communication of acceptance is effective when dropped in the mail, [ 5 ] [ 6 ] which is a feature unique to ...
The concept has been codified in California, Colorado, Illinois, Louisiana, Minnesota and Montana. [2] Case law provides for putative spouse rights in Nebraska, Washington state, Nevada, [2] Texas [3] and Louisiana. Colorado and Montana are the only U.S. states to have both common law marriage and to formally recognize putative spouse status.