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What is Zero Marriage?

Published in Family Law 3 mins read

Zero marriage isn't a recognized legal term or commonly used phrase related to marriage or family law. It likely refers to one of two possible interpretations: either a situation where a marriage is completely invalid from the start (akin to an annulment) or a deliberate choice to abstain from marriage altogether. Let's explore both:

1. Marriage as Null and Void from the Beginning (Similar to Annulment)

If "zero marriage" is meant to describe a marriage that holds no legal validity, it's conceptually similar to an annulment.

  • Annulment Defined: An annulment is a legal process that declares a marriage invalid, as if it never happened. This is different from a divorce, which terminates a valid marriage.

  • Grounds for Annulment: Annulments are granted based on conditions that existed at the time of the marriage. Common grounds include:

    • Bigamy (one party already being married)
    • Incest
    • Underage marriage (without proper consent)
    • Fraud or duress (one party was forced or deceived into marriage)
    • Mental incapacity (one party lacked the mental capacity to consent)
    • Impotence (inability to consummate the marriage).
  • Retroactive Effect: A key feature of annulment is its retroactive nature. Once granted, the marriage is considered void from the very beginning. Legally, it's as though the marriage never existed.

  • Consequences: While an annulled marriage is void legally, the court may still address issues like property division and child custody (if children were born during the "marriage").

Example: If a person was unknowingly married to someone who was already married to another person (bigamy), a court would likely grant an annulment, rendering the second marriage void from its inception.

2. Deliberate Abstention from Marriage

"Zero marriage" could also refer to a conscious choice to avoid entering into marriage. This might stem from philosophical, personal, or practical reasons.

  • Motivations: People may choose not to marry due to:

    • Personal beliefs: Some may not believe in the institution of marriage.
    • Financial considerations: Marriage can impact taxes and assets. Some might find it financially advantageous not to marry.
    • Relationship status: Some couples may prefer cohabitation without marriage, feeling it is sufficient for their needs.
    • Distrust of legal institutions: Some individuals have negative perceptions of legal entanglements associated with marriage.
    • Career focus: Some may prioritize career over forming a marriage.
  • Cohabitation Agreements: Couples who choose to cohabitate without marriage may create cohabitation agreements to define property rights, responsibilities, and other important aspects of their relationship.

Example: A couple may live together for many years, raise children, and share their lives, but consciously choose not to marry due to philosophical objections to the institution.

In conclusion, "zero marriage" isn't a standard legal term but could refer either to a marriage considered invalid from its beginning (like an annulment) or to a deliberate decision not to marry.

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