Void and voidable marriages


Published by a UUÂãÁÄÖ±²¥ Family expert
Practice notes

Void and voidable marriages


Published by a UUÂãÁÄÖ±²¥ Family expert

Practice notes
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The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree of nullity. Proceedings for nullity are relatively rare but may be still be appropriate in certain situations.

On 6 April 2022, the provisions of the divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 made changes to the law in relation to proceedings for divorce, dissolution and (judicial) separation, it did not make any substantive changes to the law regarding nullity proceedings. The grounds on which a marriage or civil partnership may be void or voidable therefore remain unchanged.

There are however some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 that affect applications for nullity and nullity of marriage orders issued on or after 6 April 2022, but proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 procedure and such applications will not be impacted by the

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