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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.
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In Argentina, the legalisation of divorce was the result of a struggle between different governments and conservative groups, mostly connected to the Catholic Church. In 1888, Law 2,393 established that marriage and divorce in Argentina would be controlled by the State, not the Church.
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.
There is a correlation between domestic violence and abuse of alcohol or narcotics. [41] Since extreme mistreatment of one's spouse is a serious concern, it can be grounds for divorce. The same holds true in cases where a member of the couple feels uncomfortable with the other's overuse of controlled substances. [42] J.H. van de Laar. The ...
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.