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A Vinculo Matrimonii

Latin: of marriage.

Latin: of marriage.

This used to be distinguished from a divorce a mensa et thoro.

In a 1923 Dictionary of English Law by W. J. Byrne (London: Sweet & Maxwell) page 315, this distinction is offered:

"(A divorce) was of two kinds - a divorce a mensa et thoro (from bed and board), granted in cases where the husband or wife had been guilty of such conduct as to make conjugal intercourse impossible (as in the case of adultery, cruelty etc.); and a divorce a vinculo matrimonii (from the bond of marriage), granted where the marriage was voidable or void ab initio (as in the case of the parties being within the prohibited degrees (of relation), or one of them having been previously married, or being impotent when married).

The term -  when used - now refers to a final and permanent divorce.


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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