Void Marriage Law and Legal Definition

A marriage that is invalid from its inception and that which cannot be made valid is called a void marriage. This type of marriage can be terminated by either party without obtaining a divorce or annulment. However a judicial declaration to the effect can be obtained. For example a marriage is void if the parties are too closely related or if either party is already married. This is also called attempted marriage.

Example of a state statute on void marriage.

Tex. Fam. Code § 6.202. Marriage During Existence of Prior Marriage

(a) A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.

(b) The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married.