A voidable marriage (also called an avoidable marriage) is a
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
that can be canceled at the option of one of the parties through
annulment
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
. 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
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no forma ...
, 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.
History
The concept of "voidable marriage" arose from the early ecclesiastical courts which had jurisdiction to determine what constituted a valid marriage. Some of the recognized impediments were subsumed into the civil courts which had jurisdiction over the right to and disposition of property.
[Goad, Paul J., "The Historical Evolution of the Concepts of Void and Voidable Marriages", 7 J. Fam. L. 297]
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Common reasons that would make a marriage voidable include those that indicate either party to the marriage did not validly consent, such as duress, mistake, intoxication, or mental defect.[Harrigin, Flora. "When is marriage not a marriage?", ''The Review'', issue 162, January/February 2013]
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The validity of a voidable marriage can only be made by one of the parties to the marriage; thus, a voidable marriage cannot be annulled after the death of one of the parties.
See also
* Voidable
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.
Definition
The ac ...
References
Types of marriage
Annulment
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