A wedding may be the happiest day of one’s life; however, in some cases, the wedding day might not lead to a valid marriage. In fact, some marriages are voidable. Moreover, They can be annulled under certain circumstances. According to the courts’ well-established statutory and case law, these marriages never happened.
Massachusetts considers marriages of incest or bigamy void by law. Thus, no judgment is required for this determination.[1] Marriages of consanguinity or affinity are prohibited; as stated in the statutes, precisely, state the following:
No man shall marry his mother, grandmother, daughter, granddaughter, sister, stepmother, grandfather’s wife, grandson’s wife, wife’s mother, wife’s grandmother, wife’s daughter, wife’s granddaughter, brother’s daughter, sister’s daughter, father’s sister, or mother’s sister. [2]
And:
No woman shall marry her father, grandfather, son, grandson, brother, stepfather, grandmother’s husband, daughter’s husband, granddaughter’s husband, husband’s grandfather, husband’s son, husband’s grandson, brother’s son, sister’s son, father’s brother, or mother’s brother. [3]
Additionally, the Commonwealth also prohibits bigamy. That said, certain exceptions exist. For example, if a party enters a second marriage in good faith, believing the first spouse is dead or the first marriage was dissolved, the court may deem the second marriage valid even if the first marriage still exists. [4]
Furthermore, a marriage may be voidable, meaning either party can seek to invalidate it through annulment. Several reasons can lead to this, including:
- Where one party was under the age of eighteen and entered the marriage without proper permission;
- Where one party was insane at the time of entering the marriage; or
- Where one party was suffering from “idiocy” at the time of entering the marriage.
The process of annulment allows the parties to request that the Court issue an order declaring the marriage invalid. If one party doubts or denies the marriage’s validity, that party, guardian, or representative can file for annulment. They must file in the Probate and Family Court, following the same process as a divorce action. It is important to note that an annulment is different from a divorce: it is not dissolution of the marriage but rather a declaration that no marriage exists between the parties.
There are also other reasons a party may seek to annul the marriage, including:
- Fraud
- Impotency
- Duress, coercion, or other threats
As for children born during a marriage—does their status change in any way? Yes. A void marriage statutorily leads to the issue being considered born out of wedlock. [5] In a voidable marriage, the issue is considered “the legitimate issue of the parent who was capable of contracting the marriage,” [6] or in other words, The legitimate parent of the child is the party who did not suffer from non-age, insanity, or “idiocy.”
If you are seeking an annulment or have related questions, you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours or complete a contact form here, and we will get back to you at our earliest opportunity.
[1] Mass. Gen. Laws, ch. 207 s. 8
[2] Mass. Gen. Laws, ch. 207 s. 1
[3] Mass. Gen. Laws, ch. 207 s. 2
[4] Mass. Gen. Laws, ch. 207 s. 6
[5] Mass. Gen. Laws, ch. 207 s. 15
[6] Mass. Gen. Laws, ch. 207 s. 16