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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.
A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, [1] or an annulment may be required to remove any legal impediment to a subsequent marriage. [2]
Since 1975, Australian law provides only for void marriages. Before 1975, there were both void and voidable marriages. Today, under the Family Law Act 1975 (Cth.) a decree of nullity can only be made if a marriage is void. [22] A marriage is void if: [23] [24] [25] one or both of the parties were already married at the time (i.e. bigamy)
A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never ...
By September of that year, however, Zellweger filed for an annulment, citing "fraud." Keep scrolling to learn about more celebrity couples who annulled their marriages: Show comments
Strictly speaking, some jurisdictions may interpret the failure to disclose such conditions in advance as actual or constructive fraud that renders the marriage void, or at least voidable unless and until accepted by the other party once that other party learns of the condition and, thus, serves as grounds for an annulment rather than for ...
After 30 years of advocacy efforts by the Ohio Alliance to End Sexual Violence and Ohio rape crisis organizations, Ohio is one step closer to eliminating the spousal rape exemption with a near ...
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