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Voidable marriage

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Title: Voidable marriage  
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Voidable marriage

A voidable marriage (also called an avoidable marriage) is a marriage which can be canceled at the option of one of the parties. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. 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 death of one of the parties. 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.

Common reasons that would make a marriage voidable include:

  • one of the parties being under the marriageable age
  • the marriage was induced by fraud
  • intoxication at the time of marriage so that the party was unable to understand the nature of the marital contract being entered into.

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