What is the meaning of void marriage?
Asked by: Lavonne Kuhic | Last update: January 1, 2026Score: 4.9/5 (58 votes)
A void marriage is a marriage that was never valid from the start and cannot be made valid. Common reasons for a court to find a marriage void ab initio are that the marriage is incestuous or polygamous.
What does it mean to void a marriage?
A void marriage is a legal concept that refers to a marriage that is considered null and void from the beginning as if it never existed in the eyes of the law. In such cases, the marriage is legally invalid, and the parties involved are not recognized as legally married spouses.
What is the concept of void marriage?
A void marriage is invalid from its very inception and is generally treated under the law as if it never existed. Under Section 5 of the Hindu Marriage Act, 1955 (HMA), certain conditions must be met for a marriage to be valid; if these conditions are not met, the marriage is considered either void or voidable.
What is the difference between a void marriage and a voidable marriage?
There are two types of marriages that can be annulled: void and voidable. A void marriage is one that is illegal from its inception and cannot be rectified. A voidable marriage, however, is one that is invalid at the moment of marriage but that can later be made valid through the consent or inaction of the parties.
What is the difference between void and voidable marriage in Nigeria?
Void and Voidable Marriages in the Matrimonial Causes Act
A void marriage is one that is void ab initio, i.e. there was no marriage created at all in the first place. A voidable marriage is one that was valid in the first place but for some reason or other is not valid later.
Hindu Marriage Act || Void marriages - Section 11| Effects of Void marriages | With Illustrations
Can I remarry without getting a divorce in Nigeria?
You cannot remarry without a divorce. Don't start claiming you only believe in traditional weddings and church blessings because you are shying away from facing the court process. It does not kill. It does not matter the reason for the separation and how long you've been separated (even if it's 20 or 30 years).
What are the main grounds that render a marriage void?
Common grounds for voiding a marriage include that one of the parties is below the age of consent , a party was incapable of consenting to marriage due to mental incapacity or mental illness, or a party was otherwise incapable of entering into marriage. Other grounds include fraud , force, or duress .
What is the difference between void marriage and irregular marriage?
A void marriage fails to meet essential conditions and is invalid from the beginning. An irregular marriage violates some conditions but can become valid if fixed. The classifications determine legal rights and responsibilities of the spouses.
What is meant by "voidable"?
adjective. void·able ˈvȯi-də-bəl. : capable of being voided. specifically : subject to being declared void when one party is wronged by the other. a voidable contract.
Is an underage marriage void or voidable?
Underage Marriage
Although a marriage of underage parties might be void, it can be validated by parental consent in some states. A marriage with an underage person generally is void if the defect exists at the inception of the marriage. Courts may annul the marriage if either party is below the legal age to marry.
What makes a marriage invalid?
A marriage can be annulled only when the law considers your marriage either void or voidable. Examples of void marriages—unions that aren't legal to begin with—are where there's bigamy or incest. An example of a voidable marriage is one that took place when the spouses were highly intoxicated.
What is the null of void marriage?
Nullity of marriage, on the other hand, means that the marriage is held null and void, that is the marriage is legally non-existent and a valid marriage did not take place at all. While divorce relates to sustainability of marriage, nullity refers to validity of the same.
What makes marriage illegal?
bigamy (married to more than one person); incest; an underage spouse; and. mental incapacitation that makes it impossible for a person to provide valid consent to the marriage.
What makes a void marriage?
A void marriage is a marriage that was never valid from the start and cannot be made valid. Common reasons for a court to find a marriage void ab initio are that the marriage is incestuous or polygamous.
What type of marriage is void?
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered.
Is cheating grounds for annulment?
It is more difficult to get an annulment than it is to get a divorce. Before your marriage can be annulled by the court, you will be required to prove that you have valid grounds for an annulment. Infidelity is not recognized as one of the grounds for annulment.
What does void mean in law?
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened.
What do you mean by voidable marriage?
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment 00. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
What is the difference between void and voidable?
A void contract is one that is not valid on its face. It is not enforceable and cannot be enforced, instead, it is treated as if it never existed. A voidable contract is a valid agreement where one party has the right to void the contract if they desire.
How do you prove a marriage is void?
- You were under 18 at the time of the marriage.
- You were tricked into the marriage (fraud)
- You didn't have the mental capacity to marry (unsound mind)
- One of you is physically unable to consummate marriage.
- One of you is still married to someone who you thought was dead, but isn't.
What is it called when you void a marriage?
An annulment (or nullity) is when a judge says in a court order that your marriage or domestic partnership is not legally valid. This means something was legally wrong with the marriage from the start. If you get an annulment, it's like your marriage never happened because it was never legal.
Can a woman divorce her husband without his consent in Islam?
In khul', divorce for compensation, a wife returns her dower or pays some other sum to her husband in order to obtain a divorce. Traditional jurisprudence considers his consent essential, though it is not mentioned in the Qur'an or in many of the prophetic traditions that refer to it.
How many days do you have to void a marriage?
Some churches offer religious annulments, which don't affect your legal marital status. And some think there's an annulment time frame after which you can't have a marriage annulled. But there's no time limit on when you may annul a marriage.
What are three 3 circumstances in which a marriage will be deemed to be void?
Some grounds for declaring a marriage void include the following: Bigamy, in which at least one spouse was already legally married. Incest between closely related spouses, such as a brother and sister or aunt and nephew. Permanent mental incapacitation that removed the ability to consent, as verified by a doctor.
Does an annulment make a child illegitimate?
One of the legal grounds for annulment is an openness to children; however, that doesn't mean that a marriage that produced children is restricted from getting an annulment due to other legal grounds. It is a common misconception that an annulment makes children illegitimate in church law.