Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Divorce definition

What does Divorce mean? Divorce is the court process that ends a marriage and allows remarriage. In practice it involves a divorce application and, often in parallel, financial remedies (ancillary relief) and child arrangements, which are separate. In England and Wales (Divorce, Dissolution and Separation Act 2020; Matrimonial Causes Act 1973), a no‑fault regime applies: a sole or joint application is made on the single ground of irretrievable breakdown, evidenced by a statement. The court issues a conditional order and, after the statutory minimum period, a final order (replacing decree nisi/absolute). In Scotland (Divorce (Scotland) Act 1976), irretrievable breakdown is proved by adultery, unreasonable behaviour, or...

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

Published by a LexisNexis Family expert

Practice notes

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 by the court on or before 5 April 2022 continue under the pre-DDSA 2020 procedure and are not affected by these consequential procedural revisions.

A decree of nullity

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Web page updated on 28/05/2026

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