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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.
New York law provides for: Incestuous and void marriages (DRL §5); Void marriages (DRL §6) Voidable marriages (DRL §7). [40] The cause of action for annulment of a voidable marriage in New York State is generally fraud (DRL §140 (e)). There are other arguments. [41]
Unlike a common law marriage, which is possible only when both spouses are legally eligible to marry, putative spouse status can be unilateral. For example, if a husband is married, but goes through a marriage ceremony without informing the woman with whom he goes through with the ceremony of that fact, the husband is not a putative spouse ...
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 .
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 ...
He was given the longest sentence allowed under French law for his crimes, 20 years in prison. Caroline Darian, daughter of French serial rapist Dominique Pelicot, says her father .
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 ...