When is a marriage void?


A marriage is void if it was formed in breach of critical statutory provisions in the Women’s Charter. Situations in which a marriage can be declared void are as follows:

  • A Muslim marriage registered under the Women’s Charter

  • An underage marriage

  • An incestuous marriage

  • A polygamous marriage

  • A marriage that is not between a man and a woman

  • A marriage that was not validly solemnized

In the situation of a void marriage, the marriage is completely invalid. A Judgment of Nullity can be obtained to declare that the marriage is void.


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What is a voidable marriage?