There are many people who have believed they were legally married only to find out many years later their marriage was invalid. This tends to only come to light when a relationship ends, or one party dies, both of which can have a significant impact on financial entitlements. But what invalidates a marriage or makes it void? This article looks at the issues.
When is a marriage invalid?
A marriage may be invalid if it is a void or voidable marriage, the difference being that a void marriage can never be valid, but a voidable marriage can be.
A void marriage is one where the parties do not have the legal capacity to marry each other. This could be because:
- One or both of the couple is under the age of 16
- They are close relatives of each other such as brother and sister
- They are already married or in a civil partnership
There are a variety of situations in which a marriage can be deemed “voidable”, including:
- If the marriage has not been consummated, although a spouse cannot apply for the marriage to be void if they refuse to consummate the marriage themselves
- If one person did not consent to the marriage. This could be because they are of unsound mind, duress, mistake or otherwise
- At the time of the marriage, the respondent was pregnant by someone else
- After the marriage, an interim gender recognition certificate has been issued to one person
- If the marriage ceremony is not valid, for example because insufficient notice of the marriage was given, no marriage certificate was issued or the married occurred in a building not registered for marriages
What types of marriage have been found to be invalid?
The circumstances behind invalid marriages vary significantly. It ranges from people who are committing bigamy (either knowingly or believing their divorce was finalised), to those who have been married abroad in a fake ceremony or without adhering to the necessary formalities.
Famously, Mick Jagger successfully claimed his marriage to Jerry Hall was invalid as it occurred on a beach in Bali, and under Balinese law the marriage had to be a Muslim marriage to be considered valid. Their marriage was therefore declared null and void.
Can a spouse argue that a marriage is void many years later to avoid financial responsibilities?
A spouse may attempt to argue that a marriage is void many years later to avoid financial responsibilities, but this is a complex and challenging approach. A marriage is considered void if it did not meet legal requirements from the outset, such as cases of bigamy, prohibited degrees of relationship, or where one party was underage. However, declaring a marriage void does not automatically exempt a party from financial obligations.
Even if a marriage is declared void, financial orders can still be made under Section 25 of the Matrimonial Causes Act 1973, similar to those in a divorce. The court has the discretion to award maintenance, property adjustments, and other financial provisions to ensure fairness. The passage of time since the marriage took place may further complicate the situation, as long-term financial arrangements, such as mortgage payments or shared assets, may already be well-established.
Furthermore, if a spouse knowingly took part in a void marriage, they might be legally prevented from claiming upon its invalidity to avoid their financial responsibilities. Courts will generally scrutinise any such claim closely, especially where there is an appearance of bad faith or an attempt to evade financial obligations towards the other spouse or any children involved.
Who decides if the marriage is voidable and what is the process?
Whether a marriage is voidable is determined by the court. A voidable marriage is one that is legally valid until it is annulled by a court order. The process for having a marriage declared voidable is initiated by one spouse filing a nullity application.
The spouse seeking the annulment must apply for nullity with the court, setting out the grounds on which the marriage is voidable. The court will review the nullity application, and the evidence provided. Both parties may be required to attend a hearing where the judge will consider the validity of the grounds presented.
If the court is satisfied that the marriage is voidable, it will issue a decree of nullity, which annuls the marriage. If the marriage is annulled, it is treated as if it never legally existed, though children of the marriage are still considered legitimate and financial claims can still be made, as detailed above.
What evidence might be needed to prove a voidable marriage?
To prove a marriage is voidable, specific evidence is required depending on the grounds on which the annulment is sought. Here’s a breakdown of the evidence typically needed for each ground:
1. Non-Consummation:
- Documentation from a medical professional showing that one spouse was physically incapable of consummating the marriage or had a genuine refusal to do so.
- Statements or affidavits from the spouses and potentially from witnesses about the lack of consummation.
2. Lack of Consent:
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- Evidence that the consent was given under coercion or fraudulent circumstances. This could include communications or documents that indicate pressure or deceit.
- Medical or psychological assessments showing that one spouse was mentally incapacitated or unable to understand the nature of the marriage at the time of consent.
3. Mental Disorder:
- Evidence from medical professionals detailing the mental disorder and its impact on the spouse’s ability to understand and participate in the marriage.
- Testimonies from those who observed the spouse’s condition at the time of marriage.
4. Pregnancy by Another:
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- Documentation showing the wife was pregnant at the time of marriage and that the child was not the husband’s.
- Statements from individuals/DNA test results which can confirm the pregnancy and paternity.
In all cases, the court will require clear and convincing evidence to substantiate the claims made in the application for annulment. The evidence must be credible and directly relevant to the grounds for seeking a voidable marriage declaration.
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