Civil impediment is a term used in law to describe a barrier or obstruction that renders a marriage invalid. Examples of civil impediments include being underage, being coerced into the marriage, or being intoxicated during the ceremony. If any of these circumstances are discovered after the marriage has taken place, it may be deemed null and void or capable of being annulled.
Civil impediments refer to hindrances or obstacles that can prevent a marriage from being legally valid or enforceable. These may include factors such as legal minority, unsoundness of mind, fraud, or duress, which can render a marriage void or voidable if present before or during the ceremony. For instance, if one of the parties is below the legal age of consent, the marriage may be deemed invalid. Similarly, if one of the parties was coerced into the marriage through fraud or duress, the marriage may be considered voidable. It’s worth noting that canonical impediments, recognized by the Roman Catholic Church, are distinct from civil impediments and can also invalidate or void a marriage.
A civil impediment is a legal barrier that prevents a person from entering into a valid marriage.
Some examples of civil impediments include a prior marriage that has not been legally dissolved, a close blood relationship between the parties, or a lack of legal capacity to enter into a marriage.
In some cases, a civil impediment can be waived if the parties obtain a legal waiver or if the impediment is no longer present.
If a marriage is entered into despite a civil impediment, it may be considered void or voidable, depending on the specific circumstances.
Yes, a civil impediment can be challenged in court if there is reason to believe that it is not valid or if there are extenuating circumstances that warrant a waiver.
The party challenging the validity of the marriage based on a civil impediment generally has the burden of proving that the impediment exists.
The process for obtaining a waiver of a civil impediment varies depending on the specific impediment and the jurisdiction in which the parties are seeking to marry.
In some cases, a civil impediment can be cured if the parties take certain legal steps to dissolve a prior marriage or otherwise address the impediment.
The consequences of entering into a marriage with a civil impediment can include the marriage being declared void or voidable, as well as potential legal and financial consequences.
If you are unsure whether a civil impediment exists in your case, you should consult with a qualified attorney who can review the relevant facts and legal requirements and provide guidance on your options.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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