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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.
Void marriages are distinct from those marriages that can be canceled at the option of one of the parties, but otherwise remain valid. Such a marriage is voidable, meaning that it is subject to cancellation through annulment if contested in court.
voidable marriage: vices of consent, i.e. consent obtained under deception/by misrepresentation of one's personal characteristics, personal past, intentions after marriage, etc., where the deceived spouse discovers after the marriage the deceit (given a very broad interpretation by the courts); and failure to secure the authorization of the ...
An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission. Citation: 1973 c. 18: Territorial extent England and Wales: Dates; Royal assent: 23 May 1973
A common reason cited as grounds for divorce is one spouse's unwillingness to support the other financially even though he or she has the economic means to do so. [9] Part of the concept of marriage is its role of joining people; when two individuals marry, the sharing of resources is often one of many expected outcomes. [43]
The only recognised ground where a marriage is voidable (i.e. the marriage exists until it is made void through a court order) is the incurable impotency of the husband. The impotency must have existed at the time the marriage was solemnised and continue to exist at the time that the wife seeks to make the marriage void.
I've known my husband was the person I wanted to marry since we met. He knows me so well and proposed to me in a library without saying a word.
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 ...