The Differences Between a Void Marriage and a Voidable Marriage


It is sometimes unavoidable when a marriage comes to an end. Conflicting interests, the loss of feelings, or financial matters can weigh heavily on one or both parties involved in the marriage. In the end, the decision to separate is one that only the couple can make. There are different methods to ending the marriage, however. For some, a void marriage is an unavoidable method to finish things off. For others, a voidable marriage was the way to go about their relationship. In either case, the marriage will ultimately come to a finale for the two parties.

Void Marriage

A void marriage is considered a commitment between two individuals that never actually existed in the eyes of the law. The paperwork you signed when you were first married will mean absolutely nothing, because the local government does not recognize that said paperwork was ever actually signed or valid.

The marriage is void if…

  • Either party was already lawfully married at the time and the former spouse was still alive.
  • The parties involved were part of the prohibited close family relations.
  • Either individual is under the age of eighteen without a special marriage license.

Voidable Marriage

A voidable marriage, on the other hand, is a completely legal marriage that can be entirely canceled at any time at the convenience of one of the parties. A court can grant a decree of nullity to declare the marriage completely void. The biggest reason for a voidable marriage tends to be when one party is unable to consummate the relationship due to incapacity. Another major reason is one or both parties did not fully consent to the marriage itself.

If you are confused about void marriages and voidable marriages, please feel free to contact Luce Law at (972) 346-5170 with your questions or concerns.

Also published on Medium.