nullity

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nullity. In law, nullity generally means the absence of legal validity from an act or contract, owing to the omission of an integral requirement, or the presence of a fatal flaw.

RC canon law has elaborate rules and a world-wide system of ecclesiastical tribunals to decide on the nullity of marriages. A purported marriage can be declared null if certain formalities were not complied with, if a diriment impediment was present, or if the consent of either party was substantially defective. Provided that at least one party acted in good faith, even after a declaration of nullity the children are considered legitimate.

In England, since 1857 the civil courts have exercised jurisdiction in matrimonial causes, and the C of E has generally submitted. By the Matrimonial Causes Act 1973 a marriage may be declared null if it is either void from the beginning (e.g. within the prohibited degrees) or voidable (e.g. not consummated through either incapacity or wilful refusal, defective consent or mental disorder). While C of E clergy were urged by a 1957 Act of Convocation not to solemnize marriages during the lifetime of the partner of a marriage dissolved by divorce, this bar in practice never applied in cases of annulment.

nullity of a graph. See connected graph.

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