Void V Voidable Marriage (Law GCSE Unit 2)

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GCSE Law Unit 2: Family Law: Marriage
For your examination you need to know the differences between a marriage which is
VOID (a marriage that legally does not exist) and a VOIDABLE Marriage.
What does a VOIDABLE marriage mean?
A voidable marriage is a marriage that is valid at the time of the ceremony, but can be
annulled due to a number of reasons.
What does the term `annulled' mean?
Annulled means declared invalid.
Which Act governs what constitutes a VOID or VOIDABLE marriage?
Matrimonial Causes Act 1973
Voidable Marriages.
YOUR TASK: Make notes on the following reasons why a marriage may be voidable.
Remember to include authority (legislation/ cases)
Non-consummation The parties have never had sexual
intercourse after the marriage because
of them was unable to do so or one of the
parties refused to do so.
Lack of consent (include an explanation The marriage happened under duress (one
and image of the case Hirani v Hirani and of the parties was forced into the
Valier v Valier) marriage). e.g Hirani v Hirani (1982) ­ A
19 year old Hindu girl was forced into an
arranged marriage by her parents.
Vailer v Valier (1925) ­An Italian who
knew very little English and thought that
the ceremony was only an engagement and
not an actual marriage. They had not
consented to the marriage.

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GCSE Law Unit 2: Family Law: Marriage
Mental disorder (include the Act) Mental Health Act 1983
Although the party did give consent for
the marriage, they were not of a stable
mind to be capable of making decisions.
Sexually transmitted disease If, at the time of marriage, one of the
parties, unknown to the other party, was
suffering from a sexually transmitted
disease and could infect his or her
partner, the other partner can apply for
the marriage to be annulled.…read more


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