法律英语词汇“nullity of marriage”的翻译、意思、用法、释义-法律词典

单词

nullity of marriage

释义

nullity of marriage
The invalidity of a marriage due to some defect existing at the time the marriage was celebrated (or, sometimes, arising afterwards). A marriage may be null in the sense that it is void, i.e. it was never in the eyes of the law a valid marriage (and the “spouses” are legally merely cohabitants). It may alternatively be voidable, i.e. valid until made void by a nullity of marriage order. Such annulment (since 1971) does not end the marriage retrospectively (so that, for example, the children of a marriage that is annulled will not be regarded as illegitimate). Broadly equivalent provision is made for civil partners.

The main grounds on which a marriage is void (Matrimonial Causes Act 1973 s 11) are (i) that the parties are within the prohibited degrees of relationship; (ii) that either of the parties is under 16; and (iii) that either is already married or a civil partner. The main grounds on which a marriage will be voidable (Matrimonial Causes Act 1973 s 12) are (i) that the marriage has not been consummated (see consummation of a marriage) by reason of incapacity or wilful refusal (this ground is not available for same-sex couples, whether in a marriage or a civil partnership); (ii) that the respondent was pregnant by another at the time of the marriage; and (iii) that one of the parties had not consented to the marriage (e.g. they had entered into the marriage under duress). When granting a nullity of marriage order, the court has wide discretionary powers to make orders for financial provision or property adjustment. See also legitimacy.

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