# 23 Pa.C.S. § 3304: Grounds for annulment of void marriages

> Pennsylvania · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3304

## Section

- **Citation:** 23 Pa.C.S. § 3304
- **Heading:** Grounds for annulment of void marriages
- **Jurisdiction:** Pennsylvania
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** PA Code / Title 23 / Chapter 33 / Section 3304

## Text

(a) General rule.--Where there has been no confirmation by cohabitation following the removal of an impediment, the supposed or alleged marriage of a person shall be deemed void in the following cases:

(1) Where either party at the time of such marriage had an existing spouse and the former marriage had not been annulled nor had there been a divorce except where that party had obtained a decree of presumed death of the former spouse.

(2) Where the parties to such marriage are related within the degrees of consanguinity prohibited by section 1304(e) (relating to restrictions on issuance of license).

(3) Where either party to such marriage was incapable of consenting by reason of insanity or serious mental disorder or otherwise lacked capacity to consent or did not intend to consent to the marriage.

(4) Where either party to a purported common-law marriage was under 18 years of age.

(b) Procedures.--In all cases of marriages which are void, the marriage may be annulled as set forth in section 3303 (relating to annulment of void and voidable marriages) or its invalidity may be declared in any collateral proceeding. Cross References. Section 3304 is referred to in section 1702 of this title.

## Nearby sections

- [23 Pa.C.S. § 3301 Grounds for divorce.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3301.md)
- [23 Pa.C.S. § 3302 Counseling.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3302.md)
- [23 Pa.C.S. § 3303 Annulment of void and voidable marriages.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3303.md)
- [23 Pa.C.S. § 3304 Grounds for annulment of void marriages.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3304.md)
- [23 Pa.C.S. § 3305 Grounds for annulment of voidable marriages.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3305.md)
- [23 Pa.C.S. § 3306 Proceedings to determine marital status.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3306.md)
- [23 Pa.C.S. § 3307 Defenses.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3307.md)
- [23 Pa.C.S. § 3308 Action where defendant suffering from mental disorder.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3308.md)
- [23 Pa.C.S. § 3309 General appearance and collusion.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3309.md)
- [23 Pa.C.S. § 3321 Hearing by master.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3321.md)
- [23 Pa.C.S. § 3322 Jury trial.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3322.md)
- [23 Pa.C.S. § 3323 Decree of court.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3323.md)
- [23 Pa.C.S. § 3331 Limitations on attacks upon decrees.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3331.md)
- [23 Pa.C.S. § 3332 Opening or vacating decrees.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3332.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T23_C33_S3304. Check the current official text before relying on it. Not legal advice.