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Consummation meaning

Published by a LexisNexis Family expert
What does Consummation mean?
In family law practice, consummation describes sexual intercourse between spouses after the wedding; whether it has occurred matters chiefly to applications for nullity/annulment alleging non-consummation. England and Wales and Northern Ireland: Non-consummation can render a marriage voidable where a party is (i) incapable of consummation or (ii) has wilfully refused to consummate. These grounds are set out in statute and interpreted by case law. Consummation is defined judicially as ordinary and complete sexual intercourse (penile–vaginal); the use of contraception does not prevent consummation. The ground is not available for civil partnerships or for same-sex marriages. Non-consummation is irrelevant to divorce. Scotland: There is no legal requirement of consummation; its absence is not a ground for nullity or divorce. Ireland: Civil nullity focuses on capacity and consent. Non-consummation is not a standalone statutory ground, although historic case law has considered incurable inability to consummate when assessing validity. Practically, disputes turn on evidence of incapacity or a settled, definitive refusal to engage in intercourse after marriage.
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View the related Practice Notes about Consummation

PRACTICE NOTES
Voidable marriage under MCA 1973 s 12 (England and Wales): grounds, case law and procedure

Practice Note This Practice Note summarises the eight bases on which a marriage is voidable under section 12 of the Matrimonial Causes Act 1973 and reviews the pertinent case law. The grounds include: Inability to consummate Deliberate refusal to consummate Absence of consent (including forced marriage protection orders) Mental disorder Venereal disease Pregnancy Interim gender recognition certificates Situations concerning acquired gender From 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect. While DDSA 2020 altered the law for proceedings involving divorce, dissolution and judicial separation, it did not change the substantive law governing nullity. Accordingly, the grounds on which a marriage or civil partnership is void or voidable remain as before. There are, however, consequential procedural amendments under the updated Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. These affect applications for nullity and nullity of marriage orders issued on or after 6 April 2022. Proceedings issued...

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PRACTICE NOTES
Nullity of Marriage in England and Wales: Void, Voidable and Non‑qualifying Ceremonies; Grounds, Procedure (DDSA 2020/FPR 2010) and Consequences for Financial Provision, Children and Wills

The Matrimonial Causes Act 1973 (MCA 1973) The MCA 1973 defines the circumstances in which a marriage is void or voidable, together with the obstacles to granting a decree of nullity. Although nullity petitions are uncommon, they can still be the right route in particular cases. On 6 April 2022 the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force. While DDSA 2020 reformed the framework for divorce, dissolution and judicial separation, it made no substantive alterations to the law on nullity. Accordingly, the bases on which a marriage or civil partnership can be declared void or voidable remain the same. There are, however, knock-on procedural amendments in the updated Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. These changes are procedural in nature and do not alter the legal grounds at all. These affect applications for nullity and nullity of marriage orders issued on or after 6 April 2022. By contrast, proceedings issued by the court on or before 5 April 2022 will continue under...

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View the related Precedents about Consummation

PRECEDENTS
TUPE Employment Indemnities for Asset Purchase Agreement (Great Britain): Precedent Clauses with Drafting Options, Definitions and Employee Liability Information

1 Definitions and interpretation 1.1 [ Insert the following additional definitions into the definitions clause of the Asset purchase agreement ] Business • the undertaking comprising [ insert description of the business being sold ] run by the Seller, together with all other operations, including those supplementary or incidental to, or associated with, that undertaking as conducted by the Seller; Buyer • [ enter details ]; Completion • the consummation of the sale and purchase of the Business achieved by the Parties performing their respective obligations in accordance with clause [ insert number ]; Completion Date • [ the day on which Completion occurs OR the date not later than the [ third OR [ insert number ] ] Business Day after the date on which the final Condition is fulfilled or waived, or the date to which Completion is deferred ] in accordance with clause [ insert number ]; [ Consequential Loss • any consequential, special, indirect, incidental or punitive damages...

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