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.