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The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage.
Void marriages are distinct from those marriages that can be canceled at the option of one of the parties, but otherwise remain valid. Such a marriage is voidable , meaning that it is subject to cancellation through annulment if contested in court.
A difference exists between a void marriage and a voidable marriage. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is ...
Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio (or void from the outset) and unenforceable .
However, a Catholic marriage is considered valid unless and until it is proved otherwise. [1] In consequence, children born as a result of a marriage which is found to be void are considered legitimate, and the spouses cannot marry others without first obtaining an annulment by proving its invalidity.
The Nullity of Marriage Act 1971 (c. 44) was an act that defined valid reasons for annulment according to British law. This act was the first time in British law that marriage was explicitly defined by statute as being between a male and a female. A marriage could therefore be annulled if the partners were not respectively male and female.
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The Marriage Act 1949 and Matrimonial Causes Act 1973 set out conditions for a marriage ceremony to be recognized as valid, void, voidable or outside the Marriage Acts. A valid marriage satisfies all the conditions in the Marriage Acts; [3] the parties may benefit from all the legal consequences such as equitable division of property and pension sharing. [4]