What is a Marriage
A Marriage is a legally recognised status which attaches to it certain legal rights and responsibilities. There are strict rules on who can and who cannot marry each other. A Marriage may be classed as valid, void or voidable depending on the circumstances.
What is a Civil Partnership
This is a new status introduced by the Civil Partnership Act 2004, which came into force December 2005. This is very similar to marriage but not identical.
The Law of Nullit
Valid Marriage/ Civil Partnership
These are binding on everyone and can only be ended on death, divorce or dissolution.
Void Marriages/Civil Partnerships
These Marriages/ Civil partnerships never actually come into existence because of a fundamental defect
Voidable Marriages/Civil Partnerships
These partnerships are valid until they are annulled
A marriage that has complied with no formalities and with no legal consequences
When are Marriages/Civil Partnerships VOID
Under section 11 of the Matrimonial Causes Act 1973, a marriage that was celebrated after 31st July 1971 will be void on the following grounds:
The parties are within the prohibited degrees of relationships
Either party is under the age of sixteen
At the time of the marriage either party was already lawfully married or in a civil partnership with someone else
Parties are not respectively Male and Female
16 and 17year olds will need permission from their legal parent /guardian, However if they do not get permission the marriage will not be void. If the parent/guardian puts a notice against the marriage on the Marriage register then if the marriage goes ahead it will be void in the eyes of the law.
The Prohibited Degrees of a Relationship
If any two people within the list below marry each other, they are said to be in the prohibited degrees of a relationship and the marriage will be automatically VOID. The marriage would legally have never come into existence so there will be no rights or responsibilities enforceable against each other.
Child of a former Civil Partner (Stepchildren)
Child of a Former spouse (Stepchildren)
Former Civil Partner of a Grandparent (Step-Grandparents)
Former Civil Partner of a Parent (step-Parent)
Former Spouse of a Grandparent
Former Spouse of a Parent
Grandchildren of a former civil partner
Grandchildren of a former Spouse
When are two people unable to register for a civil partnership? Reasons why a Civil Partnership may be void
For more information on:
- Presumption of Marriage
- Voidable Marriages and Civil Partnerships
- A marriage or Civil Partnership is Voidable if any of the following has occurred: