What is a voidable marriage?

Unlike a void marriage, a voidable marriage is a legally valid marriage until it is annulled by a court order. There are time limits for applying for annulment of a voidable marriage – generally within 3 years of the marriage date.

Unlike divorce, an application for annulment of a voidable marriage can take place within 12 months of the marriage.

The grounds for applying to annul a marriage for being voidable are:

Non-consummation due to incapacity or wilful refusal of one party.

Lack of proper consent to the marriage.

Either party suffering from a communicable venereal disease at the time of marriage.

The wife being pregnant by someone other than the husband at the time of marriage.

One party being in the process of transitioning to a different gender.