Annulment
Invalid Marriages

In order for two people to have a valid marriage in the Tennessee, both spouses must be capable and the marriage must have been solemnized in ceremony by an authorized individual.

To be capable, the spouses must be of sound mind and able to understand the ramifications of marriage; the parties also must be over the age of sixteen; the spouses may not be lineally related (direct 'blood line'); neither party is allowed to have a prior and still valid marriage; the parties must be of the opposite sex; and the parties must have obtained a marriage license issued by the county where the wife resides or where the ceremony takes place.

The ceremony must include a declaration by the parties that they acknowledge each other as Husband and Wife, in the presence of a person authorized to preside over marriages, such as a minister, preacher, priests, rabbi, other religious or spiritual leaders over the age of eighteen, any member of the county assembly and all judges or former judges and clerks.

If these qualifications are not met, the marriage may be void or voidable, although this voiding a marriage is a relatively rare occurance. If a marriage is void, it may not ever be ratified, such as when the parties are too closely related. If the marriage is voidable, then ratification is a possibility if the fault is capable of being corrected.

An annulment may be granted if the marriage was never valid. Grounds for an annulment include the following: either party is under sixteen when the marriage was entered into; one party has a prior existing marriage; a violation of the Marriage Act; denial of marital rights; mental incapacity; impotency; duress; or fraud. All of the above reflects Tennessee and most other state law before the recent Supreme Court decision on marriage.

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Further reading if you are in Memphis and contemplating a family law matter.