Divorce Dex.com: Nullity of Marriage

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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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A Null Marriage
A degree of nullity means that a man and woman were never husband and wife. This means there was no marriage and, more important, no marital estate and no distribution of property that would have happened had a valid and legal marriage been ended.

Contributed on 7/11/2007 by: DivorceDex.com Staff
Category: Property Division (Applicable in All States)

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