Marriage Questioned in Guardianship Case

December 23rd, 2014 by JBWK

In Virginia, marriages that are deemed either void or voidable are defective marriages which are
legal nullities. Although both void and voidable marriages are improper marriages under the law,
there are distinct differences in how they are remedied. A marriage which is void is one which can
never be ratified and may be dissolved by any interested party or the State. These marriages are
treated as if they never happened and thus there will be no marital consequences such as spousal
support or inheritance rights. Examples of void marriages include: incestuous and underage
marriages.

On the other hand, voidable marriages will be held valid until annulled. A voidable marriage may
only be annulled if the proceeding is brought by one of the parties to the marriage and thus, when
one of the parties dies, the annulment may not be brought. Unlike void marriages, there may be
martial consequences available with voidable marriages. Marriage to a mental incompetent is a
voidable marriage. Thus, the Commonwealth would not be able to move for an annulment in this case.
This issue has recently been raised in the case of a marriage between a 95 and 96 year old Alexandria
couple. See the below link:

http://www.wjla.com/articles/2014/09/marriage-between-annandale-va-residents-ages-96-and-95-called-into-question–106929.html

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