nullity of marriage


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nullity of marriage,

in law, an unlawful marriage that is either void or voidable because of conditions existing at the time of the marriage. A bigamous or incestuous marriage, for example, is void, and there is no need to bring a suit to obtain a decreedecree,
in law, decision of a suit in a court of equity. It is the counterpart in equity of the judgment in a court of law, although in those jurisdictions where law and equity have merged, judgment is sometimes used to include both.
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 declaring it void. However, a decree is necessary to annul voidable marriages. Grounds, generally specified by statute, include fraud or duress preventing legal consent to the marriage and sexual impotence of one spouse that existed at the time the marriage was contracted and that was unknown to the other spouse. The results of nullity of marriage are different from those of divorcedivorce,
partial or total dissolution of a marriage by the judgment of a court. Partial dissolution is a divorce "from bed and board," a decree of judicial separation, leaving the parties officially married while forbidding cohabitation.
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. A decree of nullity declares, in effect, that the parties never were married, and at one time it absolved them from all obligations to each other. Today, however, statutes in some states have mitigated the results of annulment, e.g., by making children of the void marriage legitimate and by permitting alimony. See husband and wifehusband and wife,
the legal aspects of the married state (for the sociological aspects, see marriage). The Marriage Contract

Marriage is a contractual relationship between a man and a woman that vests the parties with a new legal status.
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References in periodicals archive ?
Effects of nullity of marriage permanently dowry it stated, and some have suggested that in this case, the nullity of the marriage dowry if properly maintained, would be contrary to the couples, but the majority of jurists and lawyers rejected the idea, saying that nullity of marriage dowering effect is not permanent, because firstly Utilization absolute nullity dowry requires consent of the marriage is not what is needed is a necessary compromise during the marriage, not perpetuate it.
Since unhappy, loveless marriages are a reality, Filipinos avail instead of a declaration of nullity of marriage based on psychological incapacity found in Article 36 of the Family Code.
Michael Gaynor's February 2005 report stated: "As a result of the abuse of the annulment process much to Pope John Paul II's distress, the Vatican issued a new instruction about norms in marriage cases on February 8, 2005: Dignitas connubi (The Dignity of Marrriage), Instruction to be observed by diocesan and interdiocesan tribunals in handling causes of the nullity of marriage.