A voidable marriage also called an avoidable marriage is the marriage that can be canceled at the selection of one of a parties through annulment. The marriage is valid but is subjected to cancellation if contested in court by one of the parties to the marriage.
A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful in addition to therefore legally has no effect, whether or non one of the parties challenges the marriage.
The concept of "voidable marriage" arose from the early ecclesiastical courts which had jurisdiction to introducing what constituted a valid marriage. Some of the recognized impediments were subsumed into the civil courts which had jurisdiction over the correct to and disposition of property.
Common reasons that would hit a marriage voidable add those that indicate either party to the marriage did not validly consent, such(a) as duress, mistake, intoxication, or mental defect.
The validity of a voidable marriage can only be filed by one of the parties to the marriage; thus, a voidable marriage cannot be annulled after the death of one of the parties.