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nullity of marriage When a marriage is void, or voidable, the party not in fault may present a petition to the divorce registry or a divorce country court, for a decree of nullity of the marriage. A marriage which took place before August 1, 1971, is void ab initio (a) if either party is at the time of marriage under the age of 16;(b) unless both parties were capable of understanding the nature of the contract; (c) if the parties are within the prohibited degrees of relationship; (d) if one of the parties has previously contracted a valid marriage which is still subsisting; (e) if one of the parties is induced to take part in the ceremony by threats or is under a mistake as to the identity of the other party, or as to the nature of the ceremony or is in a state of intoxication (f) if there is lack of proper form in the ceremony of marriage. |