In family law, marriages can be categorized as valid, void, or voidable.
Thank you for reading this post, don't forget to subscribe!Understanding the differences between void and voidable marriages is crucial for navigating complex family law issues.
Void Marriage:A void marriage is considered invalid from the beginning, meaning it never legally existed. Grounds for void marriages include; ¹*Bigamy: One party is already married to someone else.
*Incest: The marriage is between close relatives, such as siblings, parents and children, or aunts/uncles and nieces/nephews.
*Lack of Consent: One or both parties did not voluntarily agree to the marriage.In a void marriage, the parties do not have any rights or duties towards each other, and the court simply declares the nullity of the marriage.
Parties to a void marriage are free to remarry without a court-issued order of nullity .
Voidable Marriage:A voidable marriage, on the other hand, is considered valid until a court declares it null and void.
Grounds for voidable marriages include *Impotence: One party is physically incapable of consummating the marriage.
*Mental Incapacity: One party lacked the mental capacity to understand the nature of the marriage contract.-
*Coercion or Duress: One party was forced or coerced into the marriage.
*Mental Illness or Recurrent Insanity: One party has a mental illness or recurrent episodes of insanity.In a voidable marriage, the parties have reciprocal rights and duties until a court order dissolves the union.
A decree of nullity can only be made by a court at the instance of one of the parties . Parties to a voidable marriage are not free to remarry without a court-issued order of nullity .