INTRODUCTION
Having explained the concept of Void marriage and Voidable marriage in our previous writeups, it is expedient that we highlight the key differences of the two concepts for better understanding. While both ultimately lead to divorce, their foundational differences have significant legal implications for the parties involved.
The following are the key differences between Void and Voidable marriages:
Legal Status of Void and Voidable Marriage
A void marriage holds no legal value from the start. In other words, no marriage exists in law. On the other hand, a voidable marriage stays valid until a court ends it. Thus, the couple remains married until the ruling.
Need for a Court Decree
A void marriage needs no court ruling to end. The law sees it as invalid. For instance, couples may seek a ruling for public or official records. In contrast, a voidable marriage requires a court’s nullity ruling. Therefore, the couple stays married until the court acts.
Rights and Obligations
In void and voidable marriages, rights differ greatly. A void marriage creates no marital duties, as no legal bond exists. However, a voidable marriage binds couples to marital duties until a court ends it. For example, couples must fulfill spousal roles until annulment.
Who Can Petition for Divorce
Anyone with legal standing, such as a spouse or third party, can challenge a void marriage. This can even occur after one spouse dies. Conversely, only an affected spouse can seek to end a marriage that is voidable, using reasons listed in the Matrimonial Causes Act (MCA).
Making the Marriage Valid
Couples cannot make a void marriage valid, even if they fix the problem. On the other hand, in a voidable marriage, a spouse may accept the issue and allow the marriage to continue. Thus, the marriage remains valid if unchallenged.
Effect on Remarriage
Since a void marriage is never valid, either person can remarry without a court ruling. In contrast, a voidable marriage blocks remarriage until a court ends it. For example, remarrying before annulment is bigamy under Nigerian law.
Impact on Children
Children born in void and voidable marriages cases enjoy protection under Nigerian law. For instance, an annulment ruling does not affect their legal status. Therefore, children remain legitimate regardless of the marriage type.