Nullity

Nullity

The law of nullity is very different to that of Divorce. When a marriage is declared null a court is declaring that the couple were never legally married to one another. The practical implications of a decree of nullity are that continuing financial and such orders are not available subsequent to a degree of nullity. This accounts for the enduring use of the nullity jurisdiction in appropriate cases.

Is my marriage void?

There are three broad grounds upon which a marriage can be declared void:

1. Non-observance of formalities
   For example the requirement to give at least three months notice to the Register of Marriages.

2. Lack of capacity
   Where, for example, either party is already validly married to another person, the parties are of the same sex, the parties are within the prohibited degrees of relationship or either party is under eighteen years of age.

3. Lack of consent
   The courts seek to establish whether the consent given by each party was real or only apparent. The possible bases for lack of consent include mental incapacity, fraud, duress and limited purpose marriages.

Is my marriage voidable?

The grounds for having a marriage decreed voidable are:

1. Impotence

2. Inability to enter and sustain a normal marital relationship
   Voidable marriages are valid until a decree has been granted.

Bars to relief

• Approbation / Acceptance of the marriage
• Delay
• Collusion