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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.
In general, a marriage is void (as opposed to voidable) if: The parties' degree of consanguinity is too close – for example, a brother and sister or a parent and a child. Different jurisdictions have different lists of prohibited incestuous relationship.
voidable marriage: vices of consent, i.e. consent obtained under deception/by misrepresentation of one's personal characteristics, personal past, intentions after marriage, etc., where the deceived spouse discovers after the marriage the deceit (given a very broad interpretation by the courts); and failure to secure the authorization of the ...
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 .
Any marriage can be voidable and may be annulled on the following grounds: the marriage has not been consummated due to impotency, may be complete or partial impotency (for example conditions such as impotence quoad hoc), contravention of the valid consent mental illness condition specified in Section 5, or that the respondent at the time of ...
A judge has given nearly 80 separated couples a chance to rethink their breakups thanks to a bizarre administrative blunder that saw their divorces wrongly approved.. The 79 former pairs had made ...
When the couple sent out their save-the-dates, however, "things came to a head," the bride wrote. Her in-laws suddenly asked if they would at least allow their two nieces to come to the wedding.
One example is the English blacksmith John R. Jewitt, ... In England and Wales, the Matrimonial Causes Act 1973 stipulates that a forced marriage is voidable. [123]