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Voidable marriage

A marriage that is valid until declared invalid.  The grounds for invalidation of marriage vary depending on state.  Common grounds for voiding a marriage include that one of the parties is below the age of consent, a party was incapable of consenting to marriage due to mental incapacity or mental illness, or a party was physically incapable of entering into marriage due to impotence or venereal disease. Other grounds include fraud, force, or duress.

Compare with a void marriage.

 

"Missouri law distinguishes between void and voidable marriages.  A void marriage is invalid from its inception because the parties lacked the capacity to contract under state law.  While a minor generally lacks the capacity to contract, Missouri law provides that a marriage will be valid if one of the minor's parents consents to the marriage in writing.  Plaintiff does not dispute that her mother consented to her marriage to Everetts.  A voidable marriage is treated under Missouri law as valid for all civil purposes unless it is annulled by decree.  A voidable marriage results from fraud, error, duress, or other imperfect consent."

"In Missouri, an annulment constitutes a judicial declaration that no marriage existed.  The effect of a decree of annulment depends on whether the marriage is void or voidable.  A voidable marriage set aside by a decree of annulment is valid until disaffirmed by that decree; a void marriage is null from inception.  Voidable marriages are, of course, good for every purpose until avoided . . . During the existence of the voidable marriage neither party can marry again.  Missouri courts hold that an annulment of a prior voidable marriage does not validate a second marriage begun before the annulment decree."

Everetts v. Apfel, 63 F. Supp. 2d 1020, 1024 (E.D.Mo. 1999) (quotation marks and citation omitted), aff'd, 214 F.3d 990 (8th Cir. 2000).