YOU AND THE LAW (Series 2) Void and Voidable Marriages — What’s the Difference?
YOU AND THE LAW (Series 2)
Void and Voidable Marriages — What’s the Difference?
By Dr. Odimientimi Agbedeyi
In Nigeria, marriage is more than an emotional union — it’s a legal contract governed by statutes and recognized by the law. But not all marriages that appear valid in the eyes of society are valid in the eyes of the law. Some are completely void, while others are voidable.
Understanding the difference between the two can save individuals from emotional heartbreak, legal embarrassment, and years of wasted effort in a union that may never have existed in law.
⚖️ Legal Foundation
The principal legislation that guides marriage and marital disputes in Nigeria is the Matrimonial Causes Act (MCA), Cap M7, Laws of the Federation of Nigeria, 2004.
Under this Act, the validity of a marriage depends on several key legal conditions, such as consent, age, mental capacity, freedom from other subsisting marriages, and the ability to consummate.
Let’s break this down to understand the two main types of defective marriages recognized by law: void and voidable marriages.
🚫 What Is a Void Marriage?
A void marriage is one that has no legal effect whatsoever — it is considered null and void ab initio, meaning it was never a valid marriage from the start.
In simple terms, a void marriage never existed in the eyes of the law, no matter how elaborate the wedding ceremony was.
🔍 Grounds for a Void Marriage under the Matrimonial Causes Act (Section 3)
A marriage is void if:
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Either party is lawfully married to someone else at the time of the marriage (bigamy).
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The parties are within prohibited degrees of relationship — for example, marriage between siblings, parent and child, or close blood relations.
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The marriage was not conducted according to the prescribed legal formalities, such as failing to obtain a marriage license or conducting the ceremony before an unauthorized officiant.
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The parties are not of marriageable age under the law (one or both are minors).
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The marriage was not intended to be monogamous — for instance, marrying under the Marriage Act but continuing to live as if under customary law marriage.
When a marriage is void, no legal rights or duties arise from it — not even maintenance or inheritance rights, except those concerning children who are protected under Section 69 of the Act.
⚖️ Example:
If a man who is already married under the Marriage Act goes ahead to “marry” another woman under the same law, that second marriage is void because it violates the principle of monogamy. The second woman is not a legal wife under the law.
💔 What Is a Voidable Marriage?
A voidable marriage, on the other hand, is valid and legally binding until a court annuls it. It remains recognized by law unless and until one of the parties petitions for nullification.
This means a voidable marriage is conditionally valid — it exists, but it can be set aside if certain defects are proven.
🔍 Grounds for a Voidable Marriage under the Matrimonial Causes Act (Section 5)
A marriage may be declared voidable if:
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Either party is incapable of consummating the marriage.
(For example, due to permanent physical or medical incapacity.) -
Either party did not give valid consent to the marriage because of fraud, duress, or mistaken identity.
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Either party is mentally unfit to understand the nature of the marriage contract at the time of marriage.
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One party suffers from a venereal disease (STD) in a communicable form and concealed it from the other before marriage.
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The wife was pregnant for another man at the time of the marriage, and the husband was unaware.
If none of these conditions exist, the marriage remains valid. However, once any of them is proven, the affected party can approach the court for annulment, and the marriage will be declared voidable.
⚖️ The Key Difference — A Quick Comparison
| Feature | Void Marriage | Voidable Marriage |
|---|---|---|
| Legal Status | Invalid from the start (never existed) | Valid until annulled by court |
| Legal Effect | No marital rights or duties ever arise | Rights and duties exist until nullified |
| Grounds | Bigamy, prohibited relationships, no proper ceremony | Non-consummation, lack of consent, mental incapacity, fraud |
| Action Required | No need to annul — automatically void | Requires a court petition to annul |
| Children’s Legitimacy | Protected by law (Section 69 MCA) | Legitimate until marriage is annulled |
| Example | Marrying your sibling or marrying when already married | Marriage not consummated due to impotence |
🕊️ Why This Distinction Matters
Many couples in Nigeria — even educated ones — do not realize that their marriages may fall into either of these categories. A simple legal oversight, such as failing to comply with marriage registration rules, can render a marriage void.
Likewise, discovering that a partner deceived you about a disease or identity may make the marriage voidable, offering a path for legal exit without going through a divorce process.
Understanding these distinctions helps protect one’s legal rights, especially concerning inheritance, property, and legitimacy of children.
🧠 Moral Lesson
Marriage is not just a social or spiritual bond — it is a legal covenant. Before saying “I do,” make sure your marriage meets the legal requirements. Ignorance of the law can cost you your rights, your dignity, and your peace of mind.
📜 The Bottom Line
In summary:
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A void marriage is no marriage at all — it’s invalid from inception.
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A voidable marriage exists legally but can be nullified if specific conditions are proven.
So, before the cake, the ring, and the honeymoon, ensure your marriage is valid in law, not just in love.
⚖️ Coming Next on You and the Law Series:
“Marriage Under the Act vs. Customary Marriage — Which One Protects You More?”
Stay tuned as we continue unveiling how Nigerian law shapes the realities of love, family, and justice.
✍️ Authored by:
Dr. Odimientimi Agbedeyi
Legal Awareness Contributor, Global Egberi Media International
Tags: #YouAndTheLaw #VoidMarriage #VoidableMarriage #NigerianLaw #MatrimonialCausesAct
📢 Facebook Caption:
Not every “marriage” is real in the eyes of the law!
Some unions are void, others voidable, and a few are truly valid.
Learn the difference under Nigerian law in today’s powerful edition of YOU AND THE LAW with Dr. Odimientimi Agbedeyi, exclusively on Global Egberi Media International.
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