A marriage may be decided invalid in different aspects.
Nugatory of marriage
A marriage is deemed absolutely null and void, if it can never acquire legal effect. It is void ab initio, that means null and void from the beginning of the agreement. The grounds for non-existing marriage are as following:
Lack of consent of the parties
Celebration before non-authorised officers
The marriage of two persons having same sex
Lack of consent of the parties for marriage
If the consent of the parties has not been taken before the marriage officer, the marriage is concerned null and void. For example, another person has taken place and declared his intention about marriage instead of the supposed bride or bridegroom.
Absolute nullity of marriage
It is a kind of nullity, arising directly from law. The principle motivation of absolute nullity is the public interest. Nullity may be demanded by every person involved in the relation or even by public prosecutor. A transaction involving conditions of absolute nullity, can not acquire legal effect even if it has not been suited.
The ground of absolute nulllity are;
Mental sickness or some of the mental
weaknesses
Polygamic marriage
Marriage between the members of the prohibited degrees of
consanguinity.
Relative nullity of marriage
Relative nullity is the invalidity, which effects the private interests of the parties of marriage and which can be only claimed by them. If within the special legaly determined prescription period (within 6 months after the recognition of the ground of relative nullity or after the end of threat) nullification has been requested, marriage is to be decided invalid. In other words, marriage becomes valid if nullification has not been demanded. The main ground of relative nullity consists of lack of true and genuine consent. If the free will of the parties has been abolished because of error, fraud and threat, the marriage may be nullified by means of their own claim of invalidity. Because conspiracy of mind caused by an external interruption, such as error, fraud or threat, restrains the parties of an agreement from acting according to their own will, which is the main constructive element of contracts. The lack of consent of the statutory representatives of the minors is also a ground for relative nullity. But if at the date of annullment claim made by pregnant, it should be of no effect.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.