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A difference exists between a void marriage and a voidable marriage. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is ...
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]
Although, before beginning an annulment process before an ecclesiastical tribunal, it has to be clear that the marriage cannot be rebuilt. Some countries, such as Italy, allow the annulment process to substitute for the civil act of divorce. In many jurisdictions, some of the grounds the Catholic Church recognizes as sufficient for annulment ...
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.
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. A valid marriage can be dissolved by a decree of dissolution of marriage or divorce and Hindu Marriage Act, The Divorce Act and Special Marriage Act allow such a decree only on specific grounds as provided ...
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 ...
However, a Catholic marriage is considered valid unless and until it is proved otherwise. [1] In consequence, children born as a result of a marriage which is found to be void are considered legitimate, and the spouses cannot marry others without first obtaining an annulment by proving its invalidity. If the invalidity is proven, an annulment ...
Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting).
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