Part I

Divorce, Nullity and Other Matrimonial Suits

Nullity

Grounds on which a marriage is voidable.
12
1
A marriage celebrated after 31st July 1971
, other than a marriage to which section 12A applies,
shall be voidable on the following grounds only, that is to say—
a
that the marriage has not been consummated owing to the incapacity of either party to consummate it;
b
that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it;
c
that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;
d
that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of
the Mental Health Act 1983
of such a kind or to such an extent as to be unfitted for marriage;
e
that at the time of the marriage the respondent was suffering from venereal disease in a communicable form;
f
that at the time of the marriage the respondent was pregnant by some person other than the petitioner.
g
that an interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage;
h
that the respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004.
2
Paragraphs (a) and (b) of subsection (1) do not apply to the marriage of a same sex couple.
S. 12(g) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 2; S.I. 2005/54, art. 2
S. 12(h) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 11, 26, Sch. 4 para. 5; S.I. 2005/54, art. 2
Words substituted by Mental Health Act 1983 (c. 20, SIF 85), ss. 146, 147, 148, Sch. 4 para. 34
S. 12(2) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 4(3); S.I. 2014/93, art. 3(j)(i)
Words in s. 12 inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 6(3)
S. 12 renumbered as s. 12(1) (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 4(2); S.I. 2014/93, art. 3(j)(i)