Nullity

Nullity

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.

Void and voidable marriages

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

Family weekly highlights—7 August 2025

This week's edition of the Family weekly highlights includes details of the third Family Procedure Rules 2010 Practice Direction update of 2025 and the High Court of Justice summer 2025 vacation notice. Recent decisions from the Court of Appeal on jurisdiction for divorce proceedings, fact-finding hearings in public children cases, wardship proceedings and enforcement of child arrangement orders are set out. A new flowchart setting out when the express financial remedy procedure applies is also set out.

Family Procedure Rules 2010 Practice Direction Update No 3 of 2025

The third Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2025 has been issued, making amendments to two existing PDs, FPR 2010, PD 36Z (Pilot Scheme: Private Law Reform: Investigative Approach) together with FPR 2010, PD12B (Pilot: Private law reform: investigative approach), which is annexed to FPR 2010, PD 36Z. These existing PDs make provision for the Pathfinder pilot. Pathfinder is piloting, in selected courts, a new procedural approach to certain private law proceedings relating to children, in place of the Child Arrangements Programme. The PD amendments come into force on 14 August 2025.

Family weekly highlights—31 July 2025

This week's edition of the Family weekly highlights includes details of the speeches by the Master of Rolls and Lord Justice Birss at a Civil Procedure Rule Committee and Online Procedure Rule Committee event, the coming into force of the Arbitration Act 2025 and the minutes from the latest Family Procedure Rule Committee meeting. Analysis of the need to undertake a holistic risk assessment when making final care orders is set out, together with consideration of how to accommodate an asylum seeking child. Recent judgments on declarations of parentage and the use of expert reports in financial remedy proceedings are also considered.