What makes a voidable marriage?

Your marriage is ‘voidable’ You can annul a marriage for a number of reasons, such as: it was not consummated – you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples) you did not properly consent to the marriage – for example you were forced into it.

Can a valid marriage be voidable?

A marriage is voidable on either side of the party is known as voidable marriage. It will be valid unless the petition for invalidating the marriage is made. This marriage is to be declared void by a competent court under the Hindu Marriage Act, 1955.

What are voidable marriages in the Philippines?

The grounds for declaration of nullity of marriage are the following: lack of capacity of either or both of the parties, lack of authority of solemnizing officer, lack of marriage license, bigamous or polygamous marriage, contracted through mistake of one on the identity of the other, void marriage under Article 53 of …

Is there such a thing as a voidable marriage?

A marriage that is voidable at the option of either party is known as voidable marriage i.e. it is a valid marriage until it is avoided on petition by either party to the marriage. A voidable marriage unless avoided has all legal consequences of a valid marriage and has same title under law as that of a valid marriage.

Can a court order a marriage to be void?

An individual can apply to court for a decree of nullity to annul the marriage on grounds that the marriage is either void or voidable. It is effectively a pre-condition that the marriage must be void or voidable before a decree of nullity is given.

Can a decree of nullity declare a marriage void?

A decree of nullity is a declaration of the court that the marriage is null and void, ie. that a legal marriage never actually took place. An individual can apply to court for a decree of nullity to annul the marriage on grounds that the marriage is either void or voidable.

How is a marriage void in the Philippines?

1) It is void-ab-initio i.e. void from the very beginning. 1) It is voidable at the option of either party i.e. valid unless avoided by either party to the marriage. 2) A mere decree is passed as to nullity of marriage by the court. 2) The marriage is annulled by the decree of nullity by the court.

What’s the difference between a void and a voidable marriage?

A void marriage is the one which is considered as no marriage in the eyes of the court whereas voidable marriage is the one which can be declared invalid on petition by either party to such marriage. Void Marriage (Section 11)