Nullity of Marriage

Nullity refers to the legal status of a marriage being declared invalid or void. In essence, it means that the marriage never legally existed from the outset. There are various reasons why a marriage might be deemed null and void, such as one or both parties being already married, the parties being underage, or the marriage being incestuous or bigamous.

Understanding nullity is crucial in legal contexts, particularly when individuals seek to dissolve marriages that are fundamentally flawed or legally impermissible. It’s distinct from divorce, which is the legal dissolution of a valid marriage. Nullity proceedings essentially declare that the marriage was invalid from the beginning, as opposed to ending a legally recognized union.

In nullity cases, the court examines the circumstances surrounding the marriage to determine whether it meets the legal criteria for nullity. If so, the court issues a decree of nullity, which legally declares the marriage null and void. This declaration has significant implications for both parties, as it essentially erases the legal existence of the marriage and can impact matters such as property rights, financial obligations, and parental responsibilities.

Understanding Nullity of Marriage: Void and Voidable Marriages

Explore the distinctions between void and voidable marriages under the law, ensuring clarity in legal proceedings.

Section 69 of the Law Reform (Marriage and Divorce) Act 1976:
Void Marriages

In certain circumstances, a marriage is automatically considered void without needing to apply for nullity:

1. One party is already married.
2. The male is under 18 years old, or the female is under 16 years old.
3. The marriage involves incest.
4. The parties are not a male and a female.

Section 70 of the Law Reform (Marriage and Divorce) Act 1976:
Voidable Marriages

A petitioner can apply for nullity in specific situations where the marriage is voidable:

1. The couple cannot consummate the marriage due to physical incapacity.
2. One spouse refuses to consummate the marriage.
3. There was no valid consent to the marriage due to lack of clear understanding, duress, mistaken identity, or one party being declared mentally disordered under the Mentally Disordered Persons Act 1952.
4. One party has a sexually transmitted disease.
5. The wife was pregnant by another man at the time of marriage.

Legal Proceedings

Upon filing the petition with the High Court, the respondent will be served and given the opportunity to defend. The court will then set a hearing date. If all conditions are met, the judge will declare the marriage null and void, thereby dissolving it immediately.