...Deborah MacDougall married in 2002. During a divorce proceeding 10 years later, Levick asserted—for the first time—that their marriage was void ab initio. On this ground, Levick claimed that he could repudiate a marital agreement requiring him to pay spousal support and to distribute the marital assets. The circuit court agreed in full with Levick's reasoning. The Court of Appeals agreed only in part, holding that the marriage was...voidable, not void ab initio. We disagree entirely with Levick's reasoning and hold that the marriage was not voidable or void ab initio. The.... The parties filed for divorce in 2011. Nearly two years into the divorce litigation, Levick filed a motion arguing for the first time that the marriage was void ab initio—that is, a "complete nullity" under the law, Jones v. Commonwealth, 293 Va. 29, 53, 795 S.E.2d 705, 719 (2017) (citation omitted)—because they had obtained the marriage license...

.... The parties' marriage was declared a nullity and void ab initio on the grounds of bigamy. However, for purposes of clarity in this opinion, we will refer to the parties as "wife" and...trial court entered an order declaring the parties' marriage annulled and void ab initio on the grounds of bigamy. On February 7, 2012, pursuant to the briefing schedule...annulment by husband. Until husband proved the marriage void ab initio on the basis of wife's bigamy, wife demonstrated she was in need of financial support during the litigation of the...

... according to his means. 2 Bish. Mar. Div. (4th ed.) § 369. But no right to alimony can be based on a decree declaring the marriage void ab initio, whether...the marriage were a void one or voidable. Id. § 376. The motion for alimony and counsel fee must, therefore, be denied, without costs. The plaintiff may, if she so elects, discontinue her action for separation and proceed with the one for decree of nullity. Motion denied. .... McADAM, J. The defendant is evidently a bigamist, and the civil remedy first invoked by the plaintiff to annul her marriage to him, the proper and only one. The present action is...

...was the holding there that even though a former wife contracted a void ab initio marriage, and after knowledge of its void nature, conceived a child and thereafter obtained an annulment, neither asking...should be regarded as void ab initio, as though it had never happened, and that she should revert to her former status, reviving her right to the alimony under the prior decree. She cites and relies on..., Chief Justice (dissenting): I respectfully dissent. When a marriage is annulled, there is no marriage and never has been one. It has been void from the beginning, and the status of...

...annulment suit. The circuit court concluded that marriages involving a party who is mentally incapable of consenting are voidable, not void ab initio. It relied upon Code § 20-45.1(B), which provides that marriages involving a party lacking the mental capacity to consent to the marriage when...) are void ab initio, rather than voidable. She contends that Lantz never ratified her marriage to Shelton because of her mental incapacity. We disagree because long-settled precedent holds to the...- true, would not render the marriage void ab initio: under the plain language of the Code, a marriage between parties who "lacked capacity to consent to the marriage at the time the...

.... Such marriages are void ab initio. Also, we recognize there is no common law divorce. However, in this case, we are not explicitly determining whether our laws defining and regulating marriage in...previously that plural marriages, being prohibited by the constitution, are void ab initio and such a marriage, whether ceremonial or common law, does not confer on either of the parties any of the rights or...later common law marriage in a divorce proceeding, resulting in a non-appealable divorce decree even though the common law marriage was void ab initio. Allen , 1987 OK 45, ¶ 5, 738 P.2d 142. The Allen Court stated: The predicate facts in this case constitute affirmative acts which give rise to a legal change in appellee's marital relationship with decedent. In particular, appellee's cohabitation with Gould and her affirmative recognition of her subsequent common law marriage to...

..., Voidable or Valid Marriage as Issues. — Whether a marriage is void ab initio, or voidable, or is valid subject to divorce proceedings should be determined by the trial court and the merits of such issues may not be determined in an original action for a writ of prohibition. p. 244. 2. ACTION — Pleading and Practice — Complaint Alleging Marriage Void...Ab Initio — Right to Defense. — The fact that the relator-husband alleged facts showing a marriage void...— Annulment — Allowances for Defense of Trial and Appeal — Void or Voidable Marriage. — In divorce action wherein relator-husband alleged (1) the marriage was void ab initio because of a previous existing marriage (2...

...file a petition for divorce within ninety days after the expiration of that time." the reasons for these provisions not applying to a void marriage. 3. Marriage and Divorce — Former Marriage — Living Wife — Judgment — Fraud and Collusion — Procedure. A decree in the Superior Court, declaring the defendant's marriage with a former wife void ab initio, duly...entered declaring the marriage null and void ab initio: Held, though the marriage was at first only voidable, he...had not ratified it, and it was therefore void ab initio by the decree; or by the act of the party without the necessity for the decree of nullity, by his not giving his subsequent assent. 5. Marriage and...

.... The only question before us is whether the words "incestuous and void" render the marriage void or voidable. Before KRS 402.010 was amended, subsection 4 read: "Marriages prohibited by this section are incestuous and void." In a number of cases this Court declared that a marriage in contravention of this statute was void ab initio. Baker...precluded from taking dower in the estate since the marriage was void ab initio. An attempted marriage which is void may be attacked 'after the death of one of the parties. Judgment affirmed. ...and void ab initio. The same interpretation has been placed upon similar statutes by other courts. Ragan v. Cox, 208 Ark. 809...

...appellee in March 1973, as having been void ab initio due to appellee's fraud on decedent, (2) to declare appellant herself as decedent's lawful widow on the basis of the alleged common-law marriage that...decedent in Maryland is challenged by the [appellants] in the probate proceedings, that court has the power to fully investigate and determine whether the marriage was void ab initio or...administration in the probate court. The court will then no doubt decide, as soon as circumstances permit, whether appellee's marriage to decedent was void ab initio and, if so, whether appellant is decedent's lawful widow. The significance of whether decedent's marriage to...

...marriage was alive at the time of her marriage to the plaintiff. The decree provided that "the bonds of matrimony are null and void ab initio...property rights upon an equitable division is conferred by statute (R.L., c. 339, s. 16) and is not affected by the fact that the marriage was void ab initio. However, in determining what adjustment justice may require, in such case, the Court should consider the fact that the marriage was...void ab initio together with any other pertinent circumstances. A temporary order for support upon the wife's petition for separate maintenance is enforceable although the existence of the marriage is...

...void ab initio were binding where there was no exception to those conclusions. Equitable estoppel was adequately pled as an affirmative defense by a wife seeking support where her first divorce was not recognized and this marriage was...held void ab initio. Unclean hands barred the assertion of equitable estoppel by a wife seeking support from her second husband despite their marriage being...ruled void ab initio. It was defendant who was culpably negligent in not obtaining a valid divorce from her first husband (although she accepted money from him and agreed to abide by the Dominican divorce decree). McCULLOUGH, Judge. The district court determined that the marriage of...

.... Divorce and alimony — Annulment of second marriage of alimony recipient — Fails to revive former right, when — Second marriage not void ab initio. Where the right to receive alimony from a former spouse has terminated because the alimony recipient has remarried, such right to alimony is not revived by an annulment of the second marriage where...-consummation. A bigamous marriage is void ab initio and of no legal purpose. One who is already married has no capacity to enter into another marriage contract, either.... 3105.31(F). A nonconsummated marriage is not void ab initio, but merely voidable. There are major conceptual differences between void and voidable marriages. A voidable marriage is...

...important distinction exists between a void and voidable marriage. In the former case the marriage is void ab initio. It never was a marriage. The legislative authority to procure a formal...by the court, and it only becomes void from the time its nullity is determined by the judgment of the court. In other words, the decree of nullity does not operate to make the marriage void ab initio. The...declared children of a void marriage illegitimate. The Code, however, contains no provision upon the subject of legitimating children born or begotten under a voidable marriage. This would seem to be entirely logical, for the all-sufficient reason that the statute has modified the common law rule under which a voidable marriage, when annulled, became void ab initio ( Price...

.... Judge Segars-Andrews granted Wife an annulment from Havron, declaring the marriage void ab initio. After Wife faxed a copy of the order of annulment to Husband, Husband...annulment decree rendered her marriage to Havron void ab initio, which creates the legal fiction that the marriage never existed. Wife asserts that because her marriage to Havron was rendered a...annulment which decrees a pre-existing marriage void ab initio can be used as a defense to an action to void a marriage as bigamous because the annulment relates back so as to give validity to...

...October 31, 2003, order granting her an annulment and declaring her first marriage void ab initio. The family court held Wife was "barred from defending against [Husband # 2's] action to void the...October 2003 annulment order declaring Wife's first marriage void ab initio relates back so as to validate her purported 1985 marriage. In construing a statute, we need not resort to rules of...jurisdiction to decide all ancillary matters where it annuls a marriage and declares it void ab initio. Rodman v. Rodman, 361 S.C. 291, 604 S.E.2d 399 (Ct.App. 2004). It would be inconsistent at best to hold that a marriage declared...

...Virginia, a bigamous marriage is void ab initio; all marriages which are prohibited by law on account of either of the parties having a former wife or husband then living are void and in such circumstances, a marriage performed...void ab initio. Since the evidence established that putative husband was legally married to another person at the time of the marriage ceremony, it was as if no marriage had even been performed...marriage is void ab initio. "All marriages which are prohibited by law on account of either of the parties having a former wife or husband then living shall be absolutely void." Code Sec. 20-43. Indeed, persons who engage in such a marriage may...

...or in lieu of alimony." The contention of the petitioner that the legal distinction between a void ab initio marriage and a marriage which is terminated from the time of divorce is controlling...1343 of the German Code relating to void marriages, and adopted the principle of putative marriage, under which a marriage is regarded as valid until the date it is dissolved. The...of marriage, would have prevented him or her from entering into the marriage. 1343: If a voidable (anfechtbar) marriage is avoided, it shall be regarded as void (nichtig) from the beginning...

.... We recognize that an annulment and a dissolution of marriage differ fundamentally. An annulment renders the marriage void ab initio while a dissolution is based upon a valid marriage which.... In order to be entitled to an annulment of marriage, the plaintiff must allege and prove that "the marriage is void or voidable under the laws of this...on briefs May 4, 1988 Decision released May 18, 1988 Action for the annulment of a marriage, brought to the Superior Court in the...

... ¶10 The Oklahoma Constitution contains a prohibition against polygamous or plural marriages. Such marriages are void ab initio. Also, we recognize there is no common law divorce. However, in this case, we are not explicitly determining whether our laws defining and regulating marriage in...Court has determined previously that plural marriages, being prohibited by the constitution, are void ab initio and such a marriage, whether ceremonial or common law, does not confer on either of the...primarily based on the wife's assertion of a later common law marriage in a divorce proceeding, resulting in a non-appealable divorce decree even though the common law marriage was void ab initio. Allen,1987 OK 45, ¶5. The Allen Court stated: The predicate facts in this case constitute affirmative acts which give rise to a legal change in appellee's marital relationship with decedent. In particular, appellee's cohabitation with Gould and her affirmative recognition of her subsequent common law marriage to...