Voidable marriage
Encyclopedia
A voidable marriage is a type of marriage which can be canceled at the option of one of the parties. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. 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. 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.
Common reasons that would make a marriage voidable include one of the parties being under the statutory age of consent; that the marriage was induced by fraud; and intoxication at the time of marriage so that the party was unable to understand the nature of the marital contract being entered into.
Void marriage
A void marriage is a type of marriage which is on its face unlawful under the laws of the jurisdiction where it is entered, or potentially where the persons who contracted the marriage normally reside. Such a marriage is void, meaning legally it has no effect, if the marriage violates certain...
, 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.
Common reasons that would make a marriage voidable include one of the parties being under the statutory age of consent; that the marriage was induced by fraud; and intoxication at the time of marriage so that the party was unable to understand the nature of the marital contract being entered into.