Define: Voidable Marriage

A voidable marriage is a marriage that is initially considered legally valid but can be annulled or declared void by one or both parties due to specific legal grounds or defects that existed at the time of the marriage ceremony. Unlike a void marriage, which is considered invalid from its inception, a voidable marriage is considered valid until it is legally annulled or voided by a court. Grounds for declaring a marriage voidable may vary depending on jurisdiction but commonly include factors such as fraud, duress, incapacity, or lack of consent. In some cases, the parties may be able to ratify the marriage, thereby validating it despite the initial defect. However, if the defects cannot be rectified, either party may seek to annul the marriage through legal proceedings, resulting in the marriage being declared void ab initio (from the beginning). An annulled marriage is typically treated as if it never existed, and the parties are returned to their pre-marital status.

A voidable marriage (see: Marriage) is one that is not void from the outset (see: Void marriage), as may be the case with a marriage conducted illegally, but may be declared void in course of time. The Matrimonial Causes Act 1973 states that a marriage is voidable if:

• either partner does not, or can not, consummate the marriage, or
• either partner did not consent to the marriage, or
• either partner was not mentally competent to consent to the marriage, or
• either partner was suffering from a sexually-transmitted disease, or
• the woman was pregnant by another man.

A voidable marriage is assumed to be in effect until annulled by a court (see: Annulment). This means that children born in a voidable marriage are technically legitimate, as the marriage is considered never to have happened. Either partner can seek an annulment of a voidable marriage, but it lies within the court’s discretion to refuse.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.