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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.
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. [1] Unlike divorce , it is usually retroactive , meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place.
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, [1] and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred.
[53] [54] The campaigns for and against Proposition 8 raised $39.0 million ($11.3 million or 29.1% from outside California) and $44.1 million ($13.2 million or 30.0% from outside California), respectively, [55] from over 64,000 people in all 50 states and more than 20 foreign countries, setting a new record nationally for a social policy ...
One year later, the proposition was verified as legal by the California Supreme Court, but not held to be retroactive, so the state of California only recognizes opposite-sex marriages, except for the same-sex marriages granted before the constitutional change in 2008 (including 18,000 marriages granted by California and possibly same-sex ...
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In consequence, children born as a result of a marriage which is found to be void are considered legitimate, and the spouses cannot marry others without first obtaining an annulment by proving its invalidity. If the invalidity is proven, an annulment can be granted. Only marriages which have the appearance of validity are considered putative.