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The principal difference between a void and voidable marriage is that, as a void marriage is invalid from the beginning, no legal action is required to set the marriage aside. A marriage may be challenged as void by a third party, for example in probate proceedings during which a party to the void marriage is claiming inheritance rights as a ...
Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio (or void from the outset) and unenforceable .
Common reasons that would make a marriage voidable include those that indicate either party to the marriage did not validly consent, such as duress, mistake, intoxication, or mental defect. [ 2 ] 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 ...
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.
The term void ab initio, which means "to be treated as invalid from the outset", comes from adding the Latin phrase ab initio (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ab initio. The frequent combination "null and void" is a legal ...
[FN27] Voidable title is distinct from "valid title," which can be passed freely, and "void title," which cannot be passed to any buyer (regardless of good faith status) because of the nemo dat quod non habet ("he who hath not cannot give") rule. See Menachem Mautner, "The Eternal Triangles of the Law": Toward a Theory of Priorities in Conflicts
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E.g., in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ab initio". Typically, documents or acts which are void ab initio cannot be fixed and if a jurisdiction, a document, or an act is so declared at law to be void ab initio , the parties are returned to their respective positions that ...