nullity of marriage. 1. The invalidity of a presumed or supposed marriage because it is void on its face or has been voided by court order. • A void marriage, such as an incestuous marriage, is invalid on its face and requires no formality to end. See void marriage under MARRIAGE(1).
[Cases: Marriage 53. C.J.S. Marriage § 45.]
“The declaration of nullity is appropriate if the marriage is relatively null or absolutely null yet one or both spouses were in good faith. If the marriage is relatively null, civil effects flow until the declaration of nullity. On the other hand, the marriage that is absolutely null generally produces civil effects only if one or both of the spouses were in good faith and only so long as good faith lasts.” 16 Katherine S. Spaht & W. Lee Hargrave, Louisiana Civil Law Treatise:
Matrimonial Regimes § 7.6, at 348 (2d ed. 1997).
2. A suit brought to nullify a marriage. — Also termed nullity suit. See ANNULMENT. [Cases: Marriage 56. C.J.S. Marriage § 63.] NULLITY SUIT nullity suit.See NULLITY OF MARRIAGE(2).
[Blacks Law 8th]