voidable marriage

A voidable marriage is a marriage that is considered valid until it is declared invalid. The grounds for invalidation of marriage vary depending on the 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 otherwise incapable of entering into marriage. Other grounds include fraud , force, or duress .

Voidable marriages are one of two types of marriages that can be annulled or considered as if it never happened in the eyes of the law; the other is a void marriage , which differs from voidable marriages as it was never valid. Examples of void marriages are those involving bigamy or incest .

Divorce and annulment differ because divorce acknowledges that the marriage existed and was legally terminated, while annulment voids the marriage as if it never happened.

[Last updated in July of 2024 by the Wex Definitions Team ]

Keywords

• family law

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