Chapter 2 Key facts checklists

Nullity
  • Nullity is a way of ending marriages and civil partnerships.
  • Once annulled, the marriage or civil partnership is treated as if it had not occurred.
  • English law distinguishes between void marriages/civil partnerships and voidable ones.
  • Void means the marriage/partnership was never a valid one. There is no need for a decree although the parties may apply for one if they wish to apply for financial provision.
  • Voidable means that the marriage/partnership remains a valid one until the parties obtain a decree to annul it. It becomes void after the decree.
  • The law of nullity in relation to marriages is set out in the Matrimonial Causes Act 1973.
  • The law in relation to civil partnerships is set out in the Civil Partnership Act 2004.
  • A non-marriage resembles a marriage but has no legal consequences.
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