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]
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