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

Family weekly highlights—8 May 2025

This week’s edition of Family weekly highlights includes details of the changes to the HMCTS Family Public Law service to improve the Form C110a application journey and a speech delivered by the Master of the Rolls, Sir Geoffrey Vos, at the International Forum on Online Dispute Resolution considering the role of the Digital Justice System in resolving disputes, together with the new Online Procedure Rules (Specified Proceedings) Regulations 2025. The Court of Appeal’s clarification of whether a local authority with a care order for a child can consent to that child's confinement is analysed. Recent judgments, including the application for the appointment and funding of a lay advocate and declaration of non-parentage post-adoption are included.

Anorexia and Feeding under Sedation—in P’s Best Interests? (Re LV, by her Litigation Friend, th...

Private Client analysis: Declarations were sought by NHS Trusts under the Mental Capacity Act 2005 (MCA 2005) that LV, a 20-year-old woman, lacked mental capacity to conduct proceedings and make decisions about her care and treatment, and that it was lawful and in LV’s best interests to undergo feeding whilst sedated within the Intensive Therapy Unit (ITU). LV was detained and receiving treatment under section 3 of the Mental Health Act 1983 (MeHA 1983) on an eating disorder unit for anorexia nervosa, which included being restrained and force-fed with a naso-gastric tube. This treatment was not successful as, in summary, LV would regurgitate most, if not all, of the feed meaning that she was losing body weight. The medical evidence demonstrated that absent this step being taken, LV would die within days or weeks. This was an urgent application and there was insufficient time for the Official Solicitor to obtain LV’s wishes and feelings directly. The Official Solicitor had consented to the application after hearing the evidence which included oral evidence from four consultants. Written by Sophie Caseley, barrister at Garden Court Chambers.

Master of the Rolls delivers speech on Digital Justice System

The Master of the Rolls, Sir Geoffrey Vos, has delivered a speech at the International Forum on Online Dispute Resolution considering the role of the Digital Justice System (DJS) in resolving disputes. Vos highlighted the significant changes brought by the Judicial Review and Courts Act 2022, which established the Online Procedure Rules Committee (OPRC) and its role in creating rules for online processes and the pre-action space. He noted that the powers of the OPRC will complement, rather than replace, those of existing rule committees, with the aim that online processes will eventually be governed by rules made by the OPRC. He clarified the role of the DJS and the economic and psychological advantages it could bring for those resolving disputes. He concluded by examining the role of AI in dispute resolution and the international dimension of the DJS.

Family weekly highlights—1 May 2025

This week’s edition of Family weekly highlights includes details of the Domestic Abuse Commissioner’s report on babies, children and young people’s experiences of domestic abuse and a speech by the President of the Family Division for the Katherine Gieve Memorial Lecture. The Court of Appeal’s clarification of the approach to the test for the appointment of intermediaries is analysed. Recent judgments, including the Supreme Court's decision on gender recognition and the Equality Act 2010, together with consideration of expert fees in public law children cases, are also set out. A new Practice Note containing links to flowcharts in Lexis+® UK covering a wide range of family law issues is also set out, together with a new template order approving instruction of an expert whose hours or rates exceed Legal Aid Agency limits in public children cases.