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Difference between revisions of "Married Spouses and the Law on Marriage"
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Married Spouses and the Law on Marriage (view source)
Revision as of 04:30, 22 March 2013
, 04:30, 22 March 2013→Failing to Consummate the Marriage
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A marriage may be voidable if either spouse lacked the personal capacity to have children going into the marriage. | A marriage may be voidable if either spouse lacked the personal capacity to have children going into the marriage. | ||
=== | ===Failure to Consummate a Marriage=== | ||
It used to be the case, and many people think this is still true, that if the spouses never had sex the marriage was voidable. The common law has developed in a somewhat different direction. A spouse must have either a complete inability to have sex because of some physical problem, or an "invincible repugnance" to the prospect of sex which is psychological in nature. Be warned that one instance of consummation will defeat either spouse's ability to claim inability to consummate as a ground of voidability. | It used to be the case, and many people think this is still true, that if the spouses never had sex the marriage was voidable. The common law has developed in a somewhat different direction. A spouse must have either a complete inability to have sex because of some physical problem, or an "invincible repugnance" to the prospect of sex which is psychological in nature. Be warned that one instance of consummation will defeat either spouse's ability to claim inability to consummate as a ground of voidability. | ||