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7 Cases Where A Marriage Will Be Regarded As Invalid.

'God when' is a very common comment you would come across under the post of couples looking all cute and loved up especially in their wedding outfits. Everyone wants to get hitched to the love of their lives and be happy in their marriages, but not everyone understands the binding nature and intricacies of a marriage contract.

Under Section 3 of the Matrimonial Causes Act, there are certain situations where a supposed marriage will be disregarded by the courts on the ground that these marriages do not exist. In this article, we would examine the 7 scenarios where a marriage will be regarded as void from the very beginning. They include:

1. If either of the parties is married to someone else at the time of the marriage, such marriage will be held to be non existent. Apart from that, according to Section 370 of the Criminal Code the party that was married before would be guilty of the offence of bigamy and liable to seven years imprisonment.

2. If the parties are within the prohibited degrees of affinity and consanguinity, the marriage would be void. An example of this is if two siblings decide to get married, that marriage would be invalid.

3. If the laws of the place where the parties were joined in matrimony require that a particular act be done and the parties fail to do so, the marriage will be invalid if such act goes to the root of their solemnization.

4. If the consent of either of the parties was obtained by duress or fraud, such marriage will be invalid.

5. If one of the parties in the marriage is mistaken about the identity of the other party, or mistaken about the nature of the ceremony being performed, the marriage will be void.

6. If one of the parties is mentally incapable of understanding the nature of the marriage contract, the marriage will be void.

7. If one of the parties is not of marriageable age, the marriage will be void.

Do ask any questions and drop your comments below.

Content created and supplied by: Busayomi (via Opera News )

Criminal Code Matrimonial Causes Act

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