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Voidable Marriages in MN Marriage Law
- Marriage are voidable when one party lacked the ability to validly chose to marry.
- Voidable marriages are not automatically terminated.
A marriage can be declared a nullity under any of the following circumstances according to Minnesota law.
Capacity
If a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity, and the other party at the time the marriage was solemnized did not know of the incapacity, then the marriage can be voided.
Intoxication
If a party was under the influence of alcohol, drugs, or other incapacitating substances, then the marriage can be voided.
Involuntary
If the consent of either party was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties, then the marriage can be voided.
Consummation
If a party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity, then the marriage can be voided.
Age
If a party was under the age for marriage established by Minnesota law, then the marriage can be voided. Currently, any person who is aged eighteen (18) or older may contract for marriage. A person who is aged sixteen (16) or older may marry with the consent of his or her parent(s), guardian, or the a district court.
Note: A voidable marriage is a real marriage until and unless it is voided by legal proceedings. The parties are not required to void the marriage. Continuing to live as married people shows both the law and the world at large that both parties meant to be and are married.
Voiding a marriage is not quite the same as dissolving a marriage. When a marriage is voided, we treat it as if it never existed to begin with, whereas a dissolved marriage was a real marriage that was ended. The results of the different proceedings potentially create different rights and obligations between the parties.