Nullity

Question 1

What is a void marriage?

Answer 1

Fundamental flaw in marriage= not recognised in law as valid marriage. (marriage never existed) [can still get legal consequences]

Question 2

What is a voidable marriage?

Answer 2

Marriage valid and subsisting until decree of nullity granted.

Question 3

Non marriage

Answer 3

Defect so substantial. Ceremony nothing like a marriage. No legal consequences from that “marriage”no need for any order to end the marriage (bc it isn’t)

Question 4

Sham Marriage

Answer 4

Valid ceremony, but no intention of legal marriage. (just for legal consequences)

Question 5

Where to find void statute?

Answer 5

MCA s11

> Vaild despite non-compliance: s48 MA, s52 CPA
Valid due to invalid defects: s25,49 MA; s49(b) CPA
[Gereis v Yagoub]
Non-marriage [Hudson v Leigh]

Question 6

What are grounds to a void marriage?

Answer 6

• Consanguinity
• Affinity
• Non-compliance: marrying w/o parental consent (won’t affect validity)

Question 7

Is incapacity to consumate a ground of nullity? (voidable)

Answer 7

Consumate definition: [R v R]

Incapable: [Singh v Singh]

Wilful refusal:
[Horton v Horton] - w/o just excuse
[Kaur v Singh]

Question 8

What are grounds to a void marriage?

Answer 8

s12 MCA

Question 9

Voidable marriage under duress and fear?

Answer 9

Hirani v Hirani

Forced Marriage (Civil Protection) Act 2007

Question 10

Voidable marriage under mental capacity?

Answer 10

Re Park

Unsoundness of mind: unable to understand nature of marraige

Question 11

Important statutes for forced marriages:

Answer 11

Force marriage civil protection act - Provide protection for victims of forced marriages

Anti-social behaviour, crime and policing act 2014 - Criminalises forced marriage (is controversial)

Question 12

Possible time extension for 3 year time limit

Answer 12

B v I (forced marriage)
• declaration of marital status (s55 FLA 86) -> judge says voidable -> can extend time limit.
• only knew could get remedies after 3 years time limit.