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.
History[edit]
The concept of "voidable marriage" arose from the early ecclesiastical courts which had jurisdiction to determine what constituted a valid marriage. Some of the recognized impediments were subsumed into the civil courts which had jurisdiction over the right to and disposition of property.[1]
Common reasons that would make a marriage voidable include those that indicate either party to the marriage did not validly consent, such as duress, mistake, intoxication, or mental defect.[2]
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.