home | about | practice areas | testimonials | news | press | events | contact | links Practice Areas Family Law Surrogacy Nullity Pre-Nuptial Agreements Mediation Collaborative Law Judicial Separation Separation Agreements Pension Provisions Divorce Custody / Guardianship / Visitation Rights Maintenance Co-Habitation Agreements - Civil Partnerships Domestic Violence Child Abduction Childcare Domestic & Intercountry Adoptions Wardship Litigation Wills & Probate Property Conveyancing               You are here:  Home  >>  Practice Areas  >>  Nullity        NULLITY (ANNULMENT OF MARRIAGE)        Before the introduction of Divorce in Ireland in February 1997, the only way to nullify a marriage was through the Courts granting a “Decree of Nullity”. Before the introduction of Divorce, the number of Annulments granted by the Courts rose steadily. In order for a Court to grant a Decree of Nullity, it must be satisfied that the marriage was either void or voidable.        A void marriage is void (from the beginning).        A voidable marriage remains valid until a Decree of Nullity is granted.        The grounds which will render a marriage void are:        An existing valid marriage. Failure to observe formalities for example (such as the three months notice required). Absence of consent. Parties are within the forbidden degrees of blood relationship. Where the couples are of the same sex.               Voidable        Most commonly a marriage is not void but voidable. The two grounds for voidable marriages are:        Incurable psycho-sexual impotence. Inability to enter into and sustain a “normal” marital relationship.          With the introduction of Divorce more and more Spouses are applying to the Courts for a Decree of Divorce. Nullity however remains an option for parties who believe that the marriage never existed.               NULLITY –V- DIVORCE        When a marriage is declared null and void, a Court is declaring that the couple were never legally married to one another and therefore are legally free to marry. A Divorce dissolves the existing valid marriage leaving the parties free to re-marry. The previous marriage is not legally erased. Nullity is also a possibility for parties who wish to avoid financial implications of Divorce. If the Courts grant a Decree of Civil Nullity, the couple will be treated as single and the issue of joint marital property would not arise in the Proceedings.        Relevant articles:        Subject Publication Link to Document Ahern tells EU partners residency laws must be reviewed Irish Times (25th January '10) Click to view Divorce means Courts unwilling to widen scope of Nullity Sunday Business Post (3rd December 2000) Click to view                For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form.          Marion Campbell Solicitors, 16-18 Harcourt Road, Dublin 2 Phone: +353 (1) 475 9345 Fax: +353 (1) 478 2224 Email: info@mcsolicitors.ie        powered by: go2web