Annulment explained

There are two ways to annul a marriage. It can either be annulled due to it being void or the marriage can be voidable.

Void Marriage

If a marriage is void, no action need be taken as the marriage did not exist in the first place. However, it is sometimes advisable to seek to clarify this by asking the Court for a decree to then be able to deal with financial matters.

A marriage will be void if:

• Either party was already married
• Either party was under 16 at the date of the ceremony
• The parties were closely related

Voidable Marriage

The grounds upon which a marriage is voidable are:

• The marriage was not consummated – due to incapacity or wilful refusal
• Either party did not consent due to duress, mistake or unsound mind
• Either party was incapable of consenting due to a mental disorder
• The respondent had a communicable form of venereal disease
• The respondent was pregnant by another

Applications for nullity are very rare and very complex. Depending on the circumstances, it is usually far easier to apply for a divorce. Divorces are usually dealt with as a paper exercise without the parties attending Court, whereas nullity cases involve a Court hearing.