What is the difference between void and voidable marriage?
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What is the difference between void and voidable marriage?
As void marriages are considered unlawful in themselves, they do not need any formalities to be terminated. On the other hand, a voidable marriage is one that is flawed in its validity but continues to exist. Voidable marriages will be invalid only after one party applies to court to have the marriage declared void.
Can a marriage be void?
Like an annulment, a suit to declare a marriage void focuses on reasons why it wasn’t a valid marriage at the start of the marriage. However, unlike an annulment, a void marriage is automatically not legally a valid marriage from the start whether or not a court decides it so.
What is marriage validity?
The validity of a marriage is generally determined by the law of the place where the marriage was performed or celebrated. Each party to the marriage must have been legally able to marry; Any prior divorces of either party must have been valid; and.