Impedimenta dirimentia is a legal term used to describe a situation or condition that invalidates a marriage. Examples of such impediments include being underage or already being married to another person. If one of these impediments is discovered after the marriage has occurred, it can result in the marriage being declared void or voidable. This term is commonly employed in both canon law and civil law.
Impedimenta dirimentia is a legal term that refers to a fact or circumstance that renders a marriage invalid or unenforceable. It is categorized as a diriment impediment, which signifies that it completely prohibits a marriage. For instance, if an individual is already married, it would be considered an impedimenta dirimentia that would hinder them from entering into another marriage. Additional instances of impedimenta dirimentia encompass consanguinity within a prohibited degree (such as marrying a close relative), legal incapacity (such as being underage or mentally incompetent), and undue influence or coercion. These examples exemplify how impedimenta dirimentia can prevent the legal recognition of a marriage. If any of these factors are present, the marriage would be deemed void or voidable.
Impedimenta Dirimentia refers to legal obstacles or impediments that can invalidate a marriage or render it void.
Examples of Impedimenta Dirimentia include a prior existing marriage, close blood relationship, lack of consent, or mental incapacity.
No, Impedimenta Dirimentia cannot be waived as they are fundamental legal requirements for a valid marriage.
If a marriage is affected by Impedimenta Dirimentia, it is considered void from the beginning, meaning it is legally invalid and has no legal effect.
Yes, Impedimenta Dirimentia can be discovered after a marriage has taken place. In such cases, the marriage can be annulled or declared void by a court.
Yes, entering into a marriage affected by Impedimenta Dirimentia can have legal consequences. It can lead to the marriage being declared void, potential criminal charges, and complications regarding property division or child custody.
In some cases, Impedimenta Dirimentia can be cured or rectified. For example, if a prior marriage is dissolved or annulled, the impediment of a prior existing marriage can be removed.
Yes, Impedimenta Dirimentia can be used as a defence in a divorce or separation case. If one party can prove that the marriage was affected by an impediment, it can be used to argue for the marriage’s invalidity.
Yes, if a marriage is declared void due to Impedimenta Dirimentia, it can affect the rights of children born within the marriage. Their legal status and rights may need to be determined by the court.
Determining if a marriage is affected by Impedimenta Dirimentia requires a thorough examination of the relevant laws and legal requirements. It is advisable to consult with a qualified family law attorney who can assess the specific circumstances and provide guidance.
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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