Lawintermediate

The notes state that parties to a marriage that is void _____ are not affected by the spousal incompetency rule.

Answer

ab initio

Explanation

A marriage void ab initio is treated by the notes as never having constituted a marriage for the purpose of the stated incompetency rule. Therefore, the rule based on the subsistence of a marriage does not apply in the same way. **Key takeaway:** The notes distinguish a void marriage from a marriage later terminated. **Glossary:** Ab initio: from the beginning.

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