Voidable Marriage

Question 1

VOIDABLE MARRIAGE

Answer 1

A voidable marriage is valid until declared null. However, because of an impediment that existed at the time of the marriage, one of the spouses may bring an action to have the marriage annulled/Typically, a voidable marriage occurs when some type of event or condition affects the adequacy of a party’s consent. Unlike void marriages, marriages that are voidable can be remedied (or ratified)
by continued habitation after the removal of the impediment, and ratification means the marriage cannot be annulled.

Question 2

Nonage

Answer 2

A spouse who was under the statutory age and married without getting the required consent can have the marriage invalidated. These marriages are usually voidable. The underage spouse may
ratify the marriage by continuing in the relationship after reaching the statutory age.

Question 3

Incurable Physical Impotence

Answer 3

The inability to have normal sexual relations with a spouse is a ground for annulment. These marriages are voidable and thus subject to ratification.

Question 4

Lack of Capacity

Answer 4

A lack of capacity sufficient to annul a marriage may include a lack of understanding, whether due to mental infirmity or the influence of drugs or alcohol

Question 5

Fraud

Answer 5

Fraud can affect consent if it involves an essential element of marriage (for example, misrepresentation as to ability or willingness to engage in sexual relations or bear