The grounds on which a marriage is void


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Family expert
Practice notes

The grounds on which a marriage is void


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Family expert

Practice notes
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This Practice Note sets out the grounds on which a marriage is void. It covers marriages not valid under the Marriage Acts 1949 to 1986, eg the parties are within the prohibited decrees. It covers cases where at the time of the marriage either party was already lawfully married, or it is a polygamous marriage entered into outside England and Wales.

On 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 made changes to the law in relation to proceedings for divorce, dissolution and (judicial) separation, it did not make any substantive changes to the law regarding nullity proceedings. The grounds on which a marriage or civil partnership may be void or voidable therefore remain unchanged.

There are however some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 that affect applications for nullity and nullity of marriage orders issued on or after 6 April 2022, but proceedings issued by the court on or before 5 April

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Association of Corporate Treasurers.

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