Annulment in North Carolina terminates two types of invalid marriages - void marriages and
voidable marriages.
Voidable marriages can be made legal or ratified by the actions of the partners.
Voidable marriages and limitations include:
Specifically, grounds for
voidable marriages can be waived by cohabitation after the condition is discovered or remedied.
Voidable marriages are those that are valid but can be declared void under certain circumstances.
The previous law was clear that
a voidable marriage was a valid marriage unless and until annulled.
An annulment requires the court to restore property to the parties who owned it prior to
the voidable marriage.
If the husband and wife continue to cohabit in
a voidable marriage and then have a child together, their marriage may become valid.
Not exact matches
If the
marriage is held to be void or
voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.
Note: Even if the
marriage is not automatically void because of the same gender, it might still be void or
voidable because of deception (if that can be proved).
For example, in Germany a
marriage is
voidable (but not void) if one partner deceived the other to make them agree to the
marriage.
In proceedings for nullity of
marriage on the ground that the
marriage is void or
voidable, the court may, nonetheless, grant the relief sought where both parties to a
marriage reside in Singapore at the time of the commencement of the proceedings.
That was part and parcel of a categorisation of
marriages that might be annulled into those void ab initio (s 11) and those merely
voidable (s 12).
The judgment in Roberts was clear and binding: the
marriage was
voidable, not void.
If the
marriage is not recognised by the English court then it may be void or
voidable which, in itself, gives rise to further complications as to whether the
marriage should be annulled rather than dissolved, and then whether there can be financial proceedings in this country, notwithstanding the fact that the foreign
marriage may not be recognised by the English court.
The argument here would be that this lack of capacity renders a
marriage voidable only, with the upshot that it can only be challenged by one of the parties and is valid until successfully challenged by an annulment proceeding.
For greater certainty, a
marriage is not void or
voidable by reason only that the spouses are of the same sex.»
The inability to consummate a
marriage, i.e. lack of sexual capacity, only makes a
marriage voidable, as does the lack of age and, probably, lack of mental capacity at the time of the ceremony.
A drier approach might be to call on a fourth duality, that between
marriages void ab initio and those
voidable only.
If the court decides that your
marriage is
voidable, it will then declare that your
marriage was invalid from the start.
If your
marriage is
voidable, it is considered to be a valid
marriage until a decree of annulment is made.
A
marriage may also be
voidable if, at the time of the
marriage, you or your partner had a sexually transmitted disease.
Like many jurisdictions, Tennessee annuls
marriages that are either void or
voidable.
If one or both spouses were under the influence of drugs or alcohol, the
marriage is
voidable.
If your
marriage falls into the category of «void or
voidable,» you may choose to go through a
marriage annulment rather than a divorce.