What are the reasons for which a marriage can be void?

Void marriages differ from voidable marriages in that once annulled, the courts treat the marriage as if it had never existed; it is effectively wiped from the records. Your solicitor can apply for a nullity for a void marriage if it is discovered that one of the parties was under the age of 16 at the time of marriage and therefore unable to give a lawful consent. A marriage is also considered void if it transpires that the married couple are in fact close relatives such as brother and sister. The final reason for a void marriage is if one of the parties to the marriage was in fact already married or in a civil partnership.

If your family solicitor cannot prove one of the above circumstances, it may still be possible to have the marriage annulled on the basis that it is voidable. Voidable marriages include those that are not consummated, although the party refusing to consummate the marriage cannot apply to have the marriage annulled on this basis. A marriage is also voidable if one of the parties was incapable of giving proper consent, either because they were suffering from a mental disorder, or perhaps because they were coerced into marriage against their will. If it later transpired that the wife was pregnant with the child of another, the husband can apply to have the marriage annulled as voidable. This would also be the case if either of the parties was suffering from a venereal disease at the time of marriage, or if one of the parties was subject to an interim gender recognition certificate within 6 months of the application for annulment.

Your family law solicitor will apply for a voidable marriage in the same way as for a void marriage. If a marriage is voidable it will be annulled, but unlike void marriages, it is not wiped from existence.

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