The grounds on which a marriage is void
The grounds on which a marriage is void

The following Family practice note provides comprehensive and up to date legal information covering:

  • The grounds on which a marriage is void
  • The marriage is not a valid marriage under the provisions of the Marriages Acts 1949 to 1986
  • The parties are within the prohibited degrees
  • Either of the parties is under the age of 16 years
  • Marriage in disregard of certain requirements as to the formation of marriage
  • At the time of the marriage either party was already lawfully married or a civil partner
  • Polygamous marriage entered into outside England and Wales
  • Marriage (Same Sex Couples) Act 2013
  • Marriages void under English private international law
  • Non-qualifying ceremonies

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 section 11 of the Matrimonial Causes Act 1973, (MCA 1973). A marriage celebrated after 31 July 1971 is void if :

  1.  it is not a valid marriage under the provisions of the Marriage Acts 1949 to 1986, that is to say where:

    1. the parties are within the prohibited degrees of relationship

    2. either party is under the age of sixteen; or

    3. the parties have intermarried in disregard of certain requirements as to the formation of marriage

  2. that at the time of the marriage either party was already lawfully married or a civil partner

  3. in the case of a polygamous marriage entered into outside England and Wales, that either party was at the time of the marriage domiciled in England and Wales

The marriage is not a valid marriage under the provisions of the Marriages Acts 1949 to 1986

A marriage will be void if it is not valid under the provisions of the Marriages Acts 1949 to 1986 in that:

The parties are within the prohibited degrees

A marriage between persons related within the prohibited degrees of relationship, whether of consanguinity (blood and half-blood) or affinity (relationships by marriage), is void. Relationship is traced not only through the whole

Related documents:

Popular documents