nullity

Petitioner

spouse claiming that the marriage is null

Nullity

it is a declaration that the supposed marriage never happened

It is not the same as divorce

divorce is a declaration ending a valid marriage Nullity is a declaration that a valid marriage never existed

Grounds for nullity

Void

Voidable

Presumption of marriage validity

There’s a presumption that our marriage is valid

The authorities make it clear that the owners of proof is on the petitioner to establish on the on the balance of probabilities that the marriage is invalid

Void marriage

Is Marge that is void and invalid from the very beginning it has no existence or validity in the eyes of law

Voidable marriage

Avoidable marriage is a valid marriage until degree of nullity is sought and obtained by a spouse

Grounds to void marriage

Lack of capacity

Failure to comply with formalities

Lack of valid consent

Lack of valid consent

Case of Hyde v Hyde

Implies that the full and free consent of both parties is a fundamental requirement for a valid marriage

Duress

Is to find a threats, violence constraints or other actions used to ceoerce someone into doing something against there will or better

judgement

Mistake

Mistake rarely make a marriage void. The mistake must be fundamental to the extent that the petitioner is mistaken to the nature of the ceremony or the identity of the other party.

In capacity

That marriage is void where either party lacks the mental capacity to understand the nature of a marriage contract

Grounds avoidable marriage

Impotence

Lack of capacity to enter and sustain a normal life

Impotence

Means a partys inability to consummate the marriage consultation is achieved by one act of sexual intercourse after the marriage ceremony

lack of capacity

Psychiatric illness

Emotional immaturity

Sexual orientation