Nullity
A State nullity which is granted by a court declares a marriage null and void. The parties are free to remarry as they are deemed never to have been legally married. It is important to note that if a nullity is granted by the court that the parties are not spouses and the reliefs that may otherwise be available to a spouse are not available. A State nullity is not the same as a church nullity which is a church matter and which if granted does not entitle a person to remarry in law.
The three general grounds under which a court can grant a nullity are as follows:
- Non-observance of formalities (3 months notice in writing to the registrar etc)
- Lack of capacity (examples could include if either party is already validly married to someone else, the parties are under 18 and have not required the necessary court order etc.)
- Lack of consent (examples could include mental incapacity, intoxication, fraud, mistake, misrepresentation, undue influence or duress)
An application can also be made on the following grounds:
- Impotence
- Inability to enter and sustain a normal marital relationship.
The law presumes that a marriage is valid so it a matter for the person seeking the nullity to prove otherwise. Clear evidence that the marriage is invalid on the balance of probabilities is required.
Our experienced solicitors can advise you on this complex area of the law. We will advise you based on your own particular situation.
If you have any queries in relation to State nullity please contact aoife@fof.ie or our general office at fof@fof.ie .Alternatively please telephone us on 059 9130500 to speak to a solicitor or to make an appointment.