Marriage is a sacred and legal union between two individuals. Although the criteria for marriage vary in different countries, there are certain rules and regulations that are common in most places. In Florida, there are specific guidelines that must be followed before two individuals can be legally wed. This article will focus on the prohibited marriages in Florida; relationships that are considered too close for marriage under Florida law.
Prohibited Marriages in Florida
In Florida, certain familial relationships are considered too close for marriage under state law. These relationships are commonly known as “prohibited marriages.” The prohibited marriages in Florida include:
Lineal Consanguinity
Under Florida law, a man is prohibited from marrying any woman to whom he is related by lineal consanguinity. Lineal consanguinity refers to a direct bloodline relationship between individuals in a family. For example, a man cannot marry his mother, daughter, or granddaughter. Similarly, a woman is prohibited from marrying any man to whom she is related by lineal consanguinity, such as her father, son, or grandson.
Collateral Consanguinity
Collateral consanguinity refers to a blood relationship between individuals who share a common ancestor, but are not directly related to each other. Florida law prohibits a man from marrying his sister, aunt, or niece. Similarly, a woman is prohibited from marrying her brother, uncle, or nephew under Florida law.
Rationale for Prohibited Marriages
The prohibition of marriages between certain family members dates back to ancient times. The reasons for these prohibitions are as varied as the cultures in which they originated. In Florida, the prohibition of marriages between close family members is primarily based on genetic and moral grounds.
From a genetic standpoint, marriages between close relatives can increase the likelihood of certain genetic disorders, such as recessive gene disorders. When two individuals who are related by blood have children, these genetic disorders are more likely to be passed down to the offspring. Genetic abnormalities can cause serious health problems in children, and the prohibition of marriages between close family members serves to prevent these potential health risks.
From a moral standpoint, the prohibition of marriages between close family members is based on the idea that such relationships can lead to social and psychological problems. Incestuous relationships are often frowned upon in society, and can lead to stigmatization and shame for individuals involved in such relationships.
Conclusion
Marriage is an essential part of life, and it is crucial that the right individuals enter into it. Florida law prohibits marriages between close family members to reduce the health risks that occur due to genetic disorders and the social stigma that surrounds such relationships. Individuals need to be aware of these prohibitions before entering into marriage to avoid potential legal ramifications.
FAQ
What are the two grounds of void marriage?
Marriage is a sacred bond between two individuals, but there are certain grounds on which a marriage can be declared void. In general, void marriages are not considered legal and are treated as if they never existed. The grounds for void marriage may differ depending on the jurisdiction, but two common grounds for a void marriage are age and prohibited relationships.
The first ground for void marriage is age. Generally, both parties must be of legal age to enter into a legal marriage. If one or both parties are under the age of legal consent, which is typically 18 years old, the marriage can be declared void. In some jurisdictions, the age of consent may be lower, but there are still limits to who can legally marry. For example, in some states in the United States, a person under the age of 18 can get married with parental consent, but if the person is under the age of 16, they may need a court order.
The second ground of void marriage is prohibited relationships. People who are closely related, such as siblings, parents, or grandparents, cannot legally marry each other. In addition, some jurisdictions prohibit marriages between cousins or other more distant relatives. The exact rules may vary depending on the jurisdiction, but in general, these laws are meant to prevent incestuous relationships and ensure healthy offspring.
It’s important to note that a void marriage is not the same as an annulled marriage. An annulment is a legal procedure that declares a marriage to be invalid for one of several reasons, such as fraud, mental incapacity, or coercion. A void marriage, on the other hand, is considered to have never been a legal marriage at all. This can have important implications for things like property rights, inheritance, and child custody.
There are several grounds for void marriage, but two common grounds include age and prohibited relationships. It’s important to be aware of these laws and regulations to ensure that a marriage is legally valid and recognized.
How do you prove a marriage is void?
In certain situations, it may be necessary to prove that a marriage is void, or not legally valid. Grounds for determining a marriage void as against public policy include consanguinity, one of the parties is under the age of sixteen, or that at the time of the marriage either party was already lawfully married. The easiest way to prove that a marriage is void is to demonstrate that one of these factors applies to the marriage in question.
Consanguinity refers to a relationship between two people who are closely related by blood. In most jurisdictions, marriage between two people who are first cousins or more closely related is prohibited. If it can be proven that the spouses in a particular marriage are too closely related, the marriage can be declared void.
Age is another factor that can render a marriage void. In many jurisdictions, a person must be at least 18 years old in order to get married without parental consent. If a person under the age of 16 gets married without parental consent, or if a person under the age of 18 gets married without the consent of their parents or a legal guardian, the marriage is considered to be void.
Finally, a marriage can also be declared void if it is found that one of the parties was already legally married at the time of the marriage in question. This situation can arise if, for example, a person gets married without obtaining a legal divorce from their current spouse. In this case, the subsequent marriage is not legally valid and can be declared void.
In order to prove that a marriage is void, it may be necessary to file a petition with the court. The specific procedures and requirements for doing so will vary depending on the jurisdiction in which the marriage took place. Once a petition is filed, a hearing will be held to determine whether the marriage is void on the grounds alleged. If the court finds that the marriage is void, it will issue an order, known as a decree of nullity, declaring that the marriage is not legally valid.
It is important to note that a void marriage is not the same as a voidable marriage. A voidable marriage is one that is valid until one of the parties seeks to have it annulled on grounds such as fraud, duress, or lack of capacity. A void marriage, on the other hand, is considered to have never existed, and neither party has any legal rights or obligations arising from the marriage.
How long do you have to be married to get an annulment in Florida?
In the state of Florida, there is no specific time frame after your marriage that allows you to apply for an annulment. Unlike other states that have specific time limits based on the duration of the marriage, in Florida, an annulment is not granted simply because the couple has been married for a short period of time.
An annulment is very different from a divorce. A divorce terminates a legally valid marriage, whereas an annulment essentially declares the marriage never existed. An annulment states that the marriage was never valid at the time it was performed due to specific reasons outlined in Florida law. Some examples include fraud, duress, bigamy, mental incapacity or physical incapacity, and failure to consummate the marriage.
However, to obtain an annulment in Florida, you must prove that one of these specific reasons existed at the time of the marriage. You must provide evidence such as documents, witnesses, or medical affidavits to support your claim. Additionally, you must file a petition with the court within a reasonable time frame after discovering the reason for the annulment.
It is important to note that seeking an annulment in Florida can be a complex and time-consuming process, and you should consult with an experienced family law attorney to determine if an annulment is the best option for you. If your marriage is not working out and you want to end it, you have to get a dissolution of marriage which is commonly known as a divorce.
