Nullity Flashcards
Why is nullity important?
It provides guidance on what constitutes a valid marriage.
What acts are the laws contained in?
Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.
In what year and by who was the law surrounding nullity reviewed?
1970 Law Commission.
What did the 1970 Law Commission report contain?
There should be a distinction between annulment and divorce.
Stigma attached to divorce.
Time period for divorce longer than for annulment (for divorce you had to be married for 3 years before you could petition, now it is 1 year.)
What is a void marriage?
Never a valid marriage.
What is a voidable marriage?
Valid until avoided.
Why does nullity still exist?
Gives guidance on what makes a marriage void.
Divorce not acceptable to everyone.
Religious/ cultural reasons.
Forced marriage.
Reneville v de Reneville [1948] 1 All ER 56
‘A void marriage will be regarded as one that never took place…’
Non marriages have no legal consequences
Hudson v Leigh [2009] Re factors can be taken into account to decide if a marriage is a non-marriage.
Void Marriages factors
No need for decree (but having one resolves uncertainty.
Third party can challenge validity of marriage.
No defences to annulment.
You can marry another without having current marriage annulled.
Decree possible after death.
Voidable Marriages factors
Decree necessary.
Third parties cannot challenge.
Decree possible after death.
What are the grounds for a void marriage?
Prohibited degrees of relationship- certain relationships of affinity and consanguinity.
Under 16- need consent between 16 and 18 but marriage still valid.
Alhaji Mohammed v Knott [1968] 2 WLR 1446
Couple were domiciled in Nigeria. Wife was 13 when married in Nigeria where marriage was legal. It was still valid in this country. (Due to domicile and legality in that country.)
Pugh v Pugh [1951] 2 All ER 680
Marriage took place in Austria between 15 year old Hungarian girl and British-domiciled man. The marriage was valid in Austria. Wasn’t valid because of husband’s domicile.
Gereis v Yacoub [1997] 1 FLR854
A couple got married in a Coptic church in London. Church not registered for marriages and couple warned by the priest that they would need a civil ceremony aswell. When marriage broke down the wife sought a decree of nullity but husband argued it was a non-marriage because the church was unregistered. It was held, marriage was void as the couple had treated the relationship as a marriage and husband had claimed a married man’s allowance.