Nullity

View Family by content type:

News

Practice notes

Precedents

Q&As

Latest Family News

Can COVID-19 be a Barder event? (HW v WW)

The following Family news provides comprehensive and up to date legal information on Can COVID-19 be a Barder event? (HW v WW)

Can care orders and special guardianship orders coexist? (Re F and another)

The following Family news provides comprehensive and up to date legal information on Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

The following Family news provides comprehensive and up to date legal information on Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Family monthly highlights—April 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—April 2021

Featured Family content

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

9th Nov

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

In-house

Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

9th Nov

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

9th Nov

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

9th Nov

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

Practice notes

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

9th Nov

Practice notes

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan

Practice notes

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

9th Nov

Most recent Nullity content

Q&As

Where one party to a marriage that took place in England has discovered that at the time of that marriage they were still married to someone else following a ceremony that they took part in abroad, what steps should they take in relation to the English marriage?

A marriage is void if at the time of the marriage either party was already lawfully married or had a civil partner.It is important to make a...

11th May

Q&As

If a husband and wife have been married for over 20 years and the husband then has gender reassignment surgery and is now recognised as a woman, is the marriage voidable?

If the new gender of a party has been recognised by the issue of a gender recognition certificate (GRC) by the Gender Recognition Panel, and:•the...

11th May

Practice notes

Service of applications for matrimonial and civil partnership orders within the jurisdiction

This Practice Note explains how to serve a divorce petition (application for a matrimonial order) or an application for a civil partnership...

24th Mar

Q&As

Where a petition for nullity is issued, does the same procedure under Family Procedure Rules 2010, SI 2010/2955, Pt 9 apply, as it would in relation to a divorce or judicial separation proceedings, on an application for a financial order? Is the position different if the marriage is void/a non-marriage, as opposed to being voidable? In both cases, will the court have regard to the factors set out in section 25 of the Matrimonial Causes Act 1973 in relation to the application for a financial order?

A marriage may be annulled either on the ground that it is void, or that it is voidable. Section 11 of the Matrimonial Causes Act 1973 (MCA 1973) sets...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

A final decree of nullity has been granted in respect of a bigamous marriage where one party knew that they were already married and the other party did not. The party without knowledge of the bigamy has made an application for financial orders. In such circumstances, would the Rampal v Rampal (No 2) and Whiston v Whiston line of authorities preclude the respondent from benefiting as a result of the applicant's financial application?

Pursuant to section 11(b) of the Matrimonial Causes Act 1973 (MCA 1973), a marriage is void if at the time of the marriage either party was already...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Practice notes

Commencing nullity proceedings and drafting the petition

Nullity proceedingsFamily proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules relating to proceedings for...

26th Jan

Practice notes

Defended suits—nullity

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

17th Jan

Practice notes

Application for decree nisi—nullity

Application for decree nisiIn the case of a petition for nullity, if a finding is made that justifies the grant of a decree, the decree will be...

17th Jan

Practice notes

Service of documents in family proceedings outside the jurisdiction

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

17th Jan

Practice notes

Decree absolute—nullity

Time for applying for decree absoluteA decree nisi may not be made absolute before the expiration of six weeks from the date that it is granted unless...

17th Jan

Practice notes

Filing the nullity petition and supporting documents

FilingThere are time limits applicable to the filing of petitions for nullity. Permission from the court is required to commence proceedings based on...

17th Jan

Practice notes

Undefended suits—nullity

What is an undefended case?An undefended case is one in which:•an acknowledgement of service has been filed indicating that it is not intended to file...

17th Jan

Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

17th Jan

Q&As

Where a party has issued nullity proceedings alleging a voidable marriage and the respondent has filed an answer indicating an intention to defend those nullity proceedings, can either party then file a divorce petition after one year of marriage? If so, how should the nullity proceedings be dealt with and where should the divorce petition be filed if the nullity proceedings have been transferred to a court that is not a divorce centre?

A petition for a decree of nullity is a petition seeking a declaration from the court that there was no valid marriage. The grounds for a decree of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

6th Jan

Practice notes

The Courts and Tribunals Service Centre and divorce centres

This Practice Note sets out the current practice regarding the issue of divorce petitions, the phasing out of the regional divorce centres and the...

5th Jan

COVID-19

Practice notes

Procedure following service of nullity petition

Acknowledgment of serviceThe notice of proceedings requires that the acknowledgement of service (Form D10) must be returned to the court so as to...

29th Nov

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

29th Nov

Practice notes

Divorce centres [Archived]

ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised issue of proceedings. It...

28th Nov

Nullity

View Family by content type:

Latest Family News

Can COVID-19 be a Barder event? (HW v WW)

Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Family monthly highlights—April 2021

Featured Family content

Declarations of parentage—procedure

The grounds on which a marriage is voidable

Specimen statement of issues for a first appointment—financial remedy application

Amended, supplemental and further petitions

Most recent Nullity content

Popular documents

Written basis of plea and Newton hearings

Transferred malice

Forum non conveniens—scope and application

The tort of deceit

Contact Us

Popular Links

Policies

Follow us