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The Divorce Encyclopedia
Nullity of Marriage


Term Definition Nullity of Marriage - a decree stating that a marriage is null and void.
Application in Divorce A term used in conjunction with annulments, a decree of the nullity of marriage establishes the "entire invalidity a supposed, pretended or attempted marriage" is flawed and defective. A court can make this ruling when it determines an incapacity of parties to marry.

A court action seeking a declaration of nullity of marriage means that the marriage is null and void.

A decree of nullity of marriage is an annulment. It differs from a divorce because a divorce ends a valid and lawful marriage.

Grounds for annulments are determined by state statutes.

See also Ab Initio; Annulment.

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