Generally, a marriage may be declared null and void when at the time of the marriage one party was not capable of entering into the union due to any one of the following:
- A former spouse of either party was still living and the former marriage was never terminated;
- One or both of the parties was under the age of consent;
- One or both of the parties was mentally incompetent;
- One or both of the parties was physically incapable of entering the marriage; and/or
- One or both of the parties consented to the marriage by use of force, duress or fraud.
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