What is a nullity of marriage/civil partnership?
The nullity of a marriage or civil partnership refers to instances in which they are deemed to have never taken place due to pre-existing restrictions or issues at the time of marriage or when the partnership was legally registered.
What is a decree of nullity?
A decree of nullity is a declaration by the court that your marriage or partnership was found to have never been valid in the eyes of the law, thus meaning that you were never married/engaged in a civil partnership.
Is nullity the same as divorce?
Nullity is not the same as divorce. While divorce is a declaration that both parties (partners) have declared a legal end to their marriage, whereas nullity is a declaration that the marriage never existed.
How can I get a nullity of my marriage or civil partnership?
In order to receive a nullity, you can apply to the Circuit Court or High Court. The court will then consider nullity of the marriage or civil partnership based on a number of grounds, including but not limited to:
- One partner being under the age of eighteen and therefore unable to legally consent
- One partner gave their agreement under threat of harm
- One party was insane at the time of the marriage/registration
- One partner was already married to or in a civil partnership with another person
What happens after a nullity has been granted?
If the nullity of a marriage or civil partnership has been granted, both partners will then be free to:
- Marry or enter into a new civil partnership
- Withhold maintenance from the other partner
- Prevent the other partner obtaining a legal right share to their estate
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
