Unlawful Marriages

Source: This section is drawn from the booklet entitled "Legal Rights in Marriage and Divorce in Maryland" produced by and available from The Women's Law Center.  Updated 3/30/01 .

Annulments
Common Law Marriages

Annulments

When a marriage is void or voidable, the court may grant an annulment declaring the marriage to be invalid, i.e., declaring that the marriage never existed.  

A marriage is void if at the time of the ceremony:

·     Either party was legally married to someone else;

      The parties are related by birth or marriage within impermissible degrees, such as parents, grandparents, children, or grandchildren or their spouse or spouse’s children, a brother or sister or their children, an aunt or uncle, a stepparent or step-child, or a spouse’s parent, grandparent, or grandchild; or,

·     Either party was legally insane or otherwise mentally incompetent to enter the contract.

A void marriage is always invalid.  Either of the parties to the marriage or a third person can bring an action to declare the marriage void at any time.  

A marriage is voidable if at the time of the ceremony:

• Either party was under the age of 18, except:

  • The underage party was at least 16 years of age with parental consent; or

  • The underage party had parental consent and a physician’s certification of pregnancy.

• Either party was physically incapable of intercourse;

• Consent was procured by fraud, duress or force;

• Either party lacked understanding to consent; or,

• The marriage ceremony was performed by someone without legal authority to perform it.

A voidable marriage is valid until a court declares it to be invalid, and only the victimized party may challenge the validity of the marriage.  How long the couple has been married is immaterial.  However, the marriage cannot be annulled if the parties continue to live together after the reason for the marriage being voidable no longer exists.

An annulment must be sought in the state where the parties live, not where they were married.  Although it is not necessary to have lived in the state for a specific period, an action for annulment should be filed within a reasonable time after the grounds are known to the party seeking the decree.

Annulments are not granted without clear proof that the marriage is invalid.  The court’s decision to annul a marriage means that no marriage came into being; however, the court decree will protect the property rights of the parties and provide for the support of the children.  The decree may also award alimony.  Furthermore, children are not made illegitimate by the granting of an annulment.  

Common Law Marriages

A “common law” marriage, a relationship in which a couple lives together but has not participated in a lawful ceremony, cannot be created in Maryland.  A couple cannot acquire marital rights and responsibilities by living together for a particular period of time.  Legal action is not required to dissolve such a relationship.

However, Maryland does recognize as valid, common law marriages created in other states if the legal requirements of those states have been met.  As a result, legal action is necessary to dissolve legal “common law” marriages created in other states and foreign countries in compliance with their licensing and ceremonial regulations. The courts can determine the rights of parties now living in Maryland.

As long as a couple lives together as husband and wife, the question of validity of their marriage is unlikely to arise.  However, for purposes of inheritance or to receive the benefits of pension plans or social security, a valid marriage is required.  Should a couple have questions as to whether a marriage is valid, they should consult an attorney. 

Source: This section is drawn from the booklet entitled "Legal Rights in Marriage and Divorce in Maryland" produced by and available from The Women's Law Center.  Updated .

Last date of legal review 01/31/08 (PLL/M.a.J)

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