In family law, marriages can be categorized as valid, void, or voidable.
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 .