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Difference between revisions of "Alternatives to Divorce (3:VII)"
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Alternatives to Divorce (3:VII) (view source)
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A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives, and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances: | A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives, and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances: | ||
*Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable | *Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable) see [http://canlii.ca/t/54b4 ''Juretic v Ruiz'', 1999 BCCA 417]); or | ||
*A party is under 14 years of age. | *A party is under 14 years of age. | ||
