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Voidable Marriage

A voidable marriage is valid until a court annuls it. Section 70 of Act 164 lists the only grounds:

  • the marriage was not consummated because a spouse was unable to, or wilfully refused
  • a spouse did not validly consent, for example because of duress, mistake or unsoundness of mind
  • a spouse had a mental disorder that made them unfit for marriage
  • the other spouse had a communicable venereal disease at the time of the marriage
  • the other spouse was pregnant by another person at the time of the marriage

Why it matters: if one of these applies, you may be able to ask for an annulment instead of a divorce.

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