Jurisdictions often have provisions for void marriages or voidable marriages.
2.
A voidable marriage is a marriage which can be canceled at the " option of one of the parties ".
3.
Based on these a marriage is validated, if not it is termed as void marriage or voidable marriage at the option of either of the spouse.
4.
The validity of a voidable marriage can only be made by one of the parties to the marriage; thus, a voidable marriage cannot be annulled after the death of one of the parties.
5.
The validity of a voidable marriage can only be made by one of the parties to the marriage; thus, a voidable marriage cannot be annulled after the death of one of the parties.
6.
A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage.
7.
A "'voidable marriage "'( also called an "'avoidable marriage "') is a marriage which can be canceled at the option of one of the parties.
8.
In a 2001 report, the Law Society s Law Reform Committee of Ireland advocated for abolishing the concept of a voidable marriage altogether ( since divorce had been introduced in 1996 ) and criticized the consummation ground, writing the following:
9.
Section 13 of the Matrimonial Causes Act 1973 provides for certain restrictions in regard to the possibility of annulling voidable marriages, including where the petitioner knew of the " defect " and of the possibility of annulment, but induced the respondent to believe that he would not seek an annulment; or where it would be " unjust " to the respondent to grant the decree of nullity.
10.
The principal difference between a void and voidable marriage is that, in the case of the former, because it is invalid from the beginning, it can be voided ex-officio; while in the case of the latter it is only the spouse himself / herself who can ask for an annulment ( in some cases such as if the spouse is a minor or mentally disabled a third party representative such as a parent, legal guardian or child protective service can start an annulment acting as the legal representative of said spouse ).
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