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
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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 set out in the

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