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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 ...
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 formal action to terminate.
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment 00. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
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 ...
A void marriage fails one of the 'essential requirements' in the Marriage Act; [5] a decree of nullity can be granted which allows the parties to get the same financial remedies as on divorce. A voidable marriage is one that can be annulled at the option of one of the parties if one of the grounds are met. [6]
Black's Law Dictionary defines 'void' as "[n]ull; ineffectual; nugatory; having no legal force or binding effect...." [1] In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value.
Based on these a marriage is validated, if not it is termed as void marriage or voidable marriage at the option of either of the spouses. Hereupon filing a petition by anyone spouse before the Court of law a decree of nullity is passed declaring the marriage as null and void.
The Nullity of Marriage Act 1971 (c. 44) was an act that defined valid reasons for annulment according to British law. This act was the first time in British law that marriage was explicitly defined by statute as being between a male and a female. A marriage could therefore be annulled if the partners were not respectively male and female.