What is the legal status of a voidable marriage?

Prepare for the Family Law Bar Exam with expert guidance. Test your knowledge with flashcards and multiple choice questions, complete with explanations and tips. Ace your exam confidently!

A voidable marriage is considered valid until one of the parties takes action to challenge it. This means that it has legal standing and can have effects such as property rights or spousal benefits, but it allows one or both parties the option to annul or invalidate the marriage through a legal process.

The distinction with voidable marriages lies in the fact that they possess an inherently flawed aspect that may not be immediately obvious, such as lack of consent or certain contractual deficiencies. Therefore, until one party decides to pursue a legal action to have the marriage annulled, it is treated as a lawful union.

The other options don't accurately reflect the legal principles governing voidable marriages. A voidable marriage certainly can be challenged, meaning it has legal status. It does not require a legal proceeding to invalidate in the sense that it is automatically invalid; instead, the challenge must be initiated. Lastly, unlike void marriages—which cannot be ratified—voidable ones can be ratified if the parties continue to live as married after the grounds for the voidability have been addressed.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy