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His Honour Michael Cook |
Tony Dolbear |
Marion Wells |
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Nullity
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A petition for nullity may be based on the grounds that the marriage is void or voidable. A void marriage never existed. A decree of nullity if not therefore needed to end it, but it is declaratory and is needed to make ancillary financial application.
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Void marriages include:
- Marriages within the prohibited degrees
- Marriages where one of the parties was under sixteen years of age at the time of the ceremony
- Where at the time of the marriage either party was already lawfully married
- A marriage where the parties are not respectively male and female
- In the case of a polygamous marriage entered into outside England and Wales either party was at the time of the marriage domiciled in England and Wales.
Voidable marriages include:
- Non-consummation owing to the incapacity of either party
- Non-consummation owing to the wilful refusal of the respondent
- Either party did not validly consent to it in consequence of duress, mistake and soundness of mind or otherwise
- Either party, though capable of giving a valid consent, was suffering from mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage
- At the time of the marriage the respondent was suffering from venereal disease in a communicable form
- At the time of the marriage the respondent was pregnant by some person other than the petitioner
- An interim gender recognition certificate under the Gender Recognition Act 2004 has after the time of the marriage been issued to either party to the marriage
- The respondent is a person whose gender at the time of the marriage had become acquired gender under the Gender Recognition Act 2004
HLF are here for you. We believe in a constructive and conciliatory approach to all aspects of relationship breakdown and aim to achieve separation with empathy, respect and dignity for each family member
Contact the team on 0800 043 053 8 or 01202 551 991
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