Legal dissolution of a marriage takes two primary forms, each distinct in its grounds and consequences. One process declares a marriage invalid from its inception, as if it never legally existed. This occurs when fundamental requirements for a valid marriage were not met at the time it was entered into. Common grounds include bigamy, incest, or lack of capacity (such as being underage or mentally incompetent). The other, a more frequent action, terminates a valid marriage that has broken down irretrievably. This acknowledges the marriage’s initial legality but recognizes its unsustainable nature, addressing issues like asset division and child custody.
Understanding the specific legal pathways available for ending a marital union is crucial. Choosing the correct path can significantly impact property rights, inheritance, and even future marital eligibility. Historically, the “invalid from the start” approach was often reserved for cases where fraud or coercion were involved, reflecting societal views on the sanctity of marriage and the importance of informed consent. This distinction underscores the gravity with which legal systems approach marital dissolution, ensuring fairness and protecting vulnerable parties.
