On 6 April 2022 the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into effect. DDSA 2020 does not make substantive changes to the law regarding nullity proceedings, the grounds on which nullity proceedings may be brought remain unchanged. There are, however, some consequential changes to the procedure affecting applications for a nullity order or nullity of marriage order that are issued on or after 6 April 2022. It is important to ensure that the correct procedure is followed depending on when the application was issued.
A marriage may be annulled if the marriage is void or voidable:
a void marriage is one that is regarded by the court as never having taken place and is void at its inception—a decree is simply declaratory
a voidable marriage is one that will be regarded as a valid marriage subsisting until a decree annulling it has been pronounced by a court of competent jurisdiction
The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage may be void or voidable. Corresponding provisions are...
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The grounds on which a marriage is voidThis 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
What is the procedure to withdraw a divorce petition that has already been served on the respondent? Will the respondent be notified of any application to withdraw the petition and what does the court take into account in deciding whether the petition should be dismissed?Family Procedure Rules (FPR
If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of
In divorce proceedings if the applicant is delaying applying for the conditional order or final order is the respondent able to apply and if so what is the procedure?This Q&A has assumes for the purposes of this reply that the application for a matrimonial order was made on or after 6 April 2022 and
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