July 29, 2025

Is Your Marriage Voidable? Key Reasons & How to Seek Divorce

by Ekosolicitors

INTRODUCTION

Is your marriage voidable? Marriage is a journey many embark on with hopes of “happily ever after.” But what happens when that journey starts on shaky grounds? While we often hear about divorce, a less common but equally critical legal concept exists which is “Voidable Marriage”.

In this article, we will be explaining the concept of Voidable Marriage, the legal grounds for voidable marriage, when to file a petition for annulment and who can file the petition for the annulment.

What is Voidable Marriage?

A Voidable marriage is one that is valid at first but can be annulled by a court at the petition of an affected party.

Unlike a “void marriage,” a voidable marriage is initially considered valid. It carries all the legal rights and obligations of a lawful marriage. In a voidable marriage, there’s a defect or flaw present at the time the marriage was celebrated, and because of this flaw, one of the parties to the marriage has the option to petition the court to declare it null and void. Until a court makes that decree, the marriage remains legally binding.

Grounds for a Voidable Marriage in Nigeria

Section 5 of the Matrimonial Causes Act provides for the grounds upon which a marriage can be declared voidable. The grounds are:

Incapacity to Consummate the marriage: That is, if either of the party is unable to have sexual relation with the other spouse at the time of the ceremony, then, the affected party can petition the court to declare the marriage voidable on this ground.

This condition must be a permanent, incurable, or curable but the respondent is unwilling or has refused to cure it and this condition must persist at the time of hearing the petition.

Unsound Mind, Mental Disorder, or Recurrent Attacks of Insanity or Epilepsy: If at the time of the marriage, one of the parties was suffering from a mental condition that made them incapable of understanding the nature of the marriage contract and its responsibilities, the marriage can be voidable. It’s important to note that the petitioning party must have been unaware of this condition at the time of the marriage.
Venereal Disease in a Communicable Form: If, at the time of the marriage, one party was suffering from a venereal disease (a sexually transmitted disease) in a communicable form, and this fact was concealed from the other party, the marriage can be annulled. The disease must have been present at the time of the wedding

Wife Pregnant by Another Man: This ground applies if, at the time of the marriage, the wife was pregnant by a man other than her husband, and the husband was unaware of this fact. This ground is held “at the suit of the petitioner” (typically the husband).

When to file for annulment

Time is of the essence when it comes to voidable marriages. Unlike void marriages which can be declared null at any time, even after the death of a party, there are usually specific time limits for voidable marriages. Generally, a petition for annulment of a voidable marriage in Nigeria must be filed within one year from the date of the marriage.

Who can petition for Annulment?

For a marriage voidable for the reasons above, only the aggrieved spouse (the one who is unaware of the defect at the time of the marriage) can petition for the annulment.

Conclusion

A marriage voidable under Nigerian law, is a valid marriage and all the legal and marital rights enjoyable by couples are intact until the marriage is declared voidable at the petition of the aggrieved party.

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