Voidable marriage

The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.

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.

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