The distinctions between void and voidable marriages serve no purpose in modern family law and should be abolished.

Family Law 22114 2002-13295 Written Work 2003-2004 Semester1 The distinctions between void and voidable marriages serve no purpose in modern family law and should be abolished. Discuss To discuss the distinctions between void and voidable marriages, we must first establish that they are not the sole types of marriage. Firstly, there is a valid marriage; one where the ceremony follows the correct formalities and there are no defects at all. The fourth, and often ignored category is that of non-marriage; a ceremony that is so far removed from a valid marriage, it is not a marriage at all, e.g. in the case of Ghandi v Patel1. In answering the question, it is inevitable that we discuss the grounds for void and voidable marriages and the differences between them. The law tells us in the Marriage Act 1949, what is a valid marriage, and in the Matrimonial Causes Act 1973, the law tells us how a marriage is void or voidable. A void marriage is a marriage that never existed (void ab initio - void from the beginning), whereas a voidable marriage is valid until it is annulled. Marriage is a status relationship. Formality is extremely important, if not essential to a valid marriage. Heterosexual sex is a central feature of marriage also. Many grounds for a voidable marriage and grounds for divorce relate to sex. Although formalities exist for marriage ceremonies,

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