User:ImpeccablePenguin/Voidable marriage

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A voidable marriage is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. In the United States, a marriage may be considered voidable for many reasons depending on jurisdiction, including intoxication by one or both parties, one or both parties being under the age of majority, or marriage entered under fraud or duress.

A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage. Unlike a void marriage, which is always on its face unlawful, a voidable marriage, in certain jurisdictions, may be ratified by the parties later. The main question of voidable marriage is if the parties could have had a legal marriage, if they had proper consent. If so, the marriage is voidable, rather than void.

There is precedent in certain jurisdictions that if an ex-spouse enters into a voidable marriage and subsequently has it annulled, this does not relieve the other ex-spouse of his or her duties to alimony.

Marriage By Fraud
Many jurisdictions dictate that a marriage induced by fraud is voidable, rather than void. This is because voidable marriage is a question of the consent of the parties, rather than whether or not there was a marriage at all. Marriage by fraud often must prove the same elements as common law fraud. The misrepresentations that may give rise to fraud include concealing ones' STI diagnosis, concealing infertility, or concealing a prior criminal record.

Marriage By Duress
In many states, and under common law, duress in deciding to marry is a ground for annulment. The fear caused by the duress must continue to the time of the actual marriage. The fear caused by the duress must overpower the will of the partner under duress. In certain jurisdictions, the duress may be from the other party to the marriage, or from a third party.

Ratification of a Voidable Marriage
In certain jurisdictions, a voidable marriage may become a legally binding marriage by ratification. A ratification occurs when a problem that existed at the time of marriage gets resolved and the parties continue the marriage. For example, if a spouse becomes aware that a marriage was entered into by fraud and voluntarily agrees to remain in the marriage, the marriage has been ratified.