The Validity of a Marriage in Zambia

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The validity of a marriage can depend on various factors, which can vary depending on the jurisdiction.

Factors that Can Make a Marriage Valid-

*Legal capacity: Both parties must have the legal capacity to marry, meaning they must be of a certain age, not already married, and mentally competent.

*Consent: Both parties must give their free and informed consent to the marriage.

*Formalities: The marriage must be performed in accordance with the formalities required by the jurisdiction, such as obtaining a marriage license and having the ceremony performed by a authorized officiant.

Factors that Can Make a Marriage Invalid-

*Bigamy: If one or both parties are already married to someone else, the marriage is invalid.

*Underage marriage: If one or both parties are below the minimum age for marriage in the jurisdiction, the marriage may be invalid.

*Lack of consent: If one or both parties did not give their free and informed consent to the marriage, the marriage may be invalid.

Mental incapacity: If one or both parties lacked the mental capacity to understand the nature and consequences of the marriage, the marriage may be invalid.

*Fraud or duress: If one party was coerced or deceived into the marriage, the marriage may be invalid.Annulment vs. Divorce

*Annulment: An annulment is a court decision that declares a marriage null and void, as if it never existed.

*Divorce: A divorce is a court decision that ends a valid marriage.

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