Void marriage

A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. 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 marriage that is entered into in good faith, but that is later found to be void, may be recognized as a putative marriage and the spouses as putative spouses, with certain rights granted by statute or common law, notwithstanding that the marriage itself is void.[3]

Void marriages are distinct from those marriages that can be canceled at the option of one of the parties, but otherwise remain valid. Such a marriage is voidable, meaning that it is subject to cancellation through annulment if contested in court.

  1. ^ Holmes, R.O. (1965). "The Putative Marriage Doctrine in Louisiana". Loyola Law Review. 12: 89.
  2. ^ Wallace, Monica Hof (2018). "A Primer on Marriage in Louisiana". Loyola Law Review. 64: 574.
  3. ^ Blakeseley, Christopher (October 1985). "Putative Marriage Doctrine". Tulane Law Review. 60 (1): 1.

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