Impediments are legal barriers or objections that hinder the formation of a contract or marriage. These impediments can relate to the individual, such as age (minority), mental capacity (want of reason), or marital status (coverture). In the context of marriage, impediments can prevent a person from marrying or can render a marriage void or subject to penalties.
Impediments are commonly discussed in civil law, particularly in family law regarding marriage. They can affect the validity of contracts and marriages, which may require legal forms to address these issues. Users can manage some situations themselves with the right legal templates, such as those provided by US Legal Forms, drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A person who is still legally married to someone else cannot enter into a new marriage due to a dirimant impediment. (hypothetical example)
Example 2: A minor wishing to marry may face legal impediments due to their age, requiring parental consent or court approval. (hypothetical example)
| State | Impediment Type | Details |
|---|---|---|
| California | Minority | Requires parental consent for those under 18. |
| New York | Prior Marriage | Must provide proof of divorce or annulment. |
| Texas | Coverture | Married individuals have limited capacity to contract. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Disability | A condition that restricts a person's ability to perform certain actions, often related to legal capacity. |
| Contractual Capacity | The legal ability to enter into a contract, which can be affected by impediments. |
| Annulment | A legal procedure that declares a marriage null and void, often due to impediments. |
If you believe an impediment affects your ability to marry or enter a contract, consider the following steps:
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An impediment to marriage is a legal barrier that prevents a person from marrying, such as being already married or being too closely related to the other party.