Annulment

Either party to a marriage can apply for an annulment of the marriage. There are two types of marriages which can be annulled: void and voidable marriages.

For void marriages, a marriage will be treated as having not existed at all after a decree a nullity is ordered by the court. Examples of where marriages will be void are if:

• Either party was already married to another person at the time of the marriage, the prior marriage was still in force and the other person was still living at the time of the new marriage;
• Parties to a marriage are not respectively male and female; or
• Parties to a marriage are within the prohibited degrees of relationship such as parent-child or brother-sister

For voidable marriages, a marriage will still be treated as having existed until the date a decree of nullity is ordered by the court. Examples of where marriages will be voidable are if:

• The marriage has not been consummated due to the incapacity or refusal of a party to consummate it;
• Either party to a marriage did not consent to the marriage or the marriage was entered into under duress, mistake or unsoundness of mind;
• At the time of marriage a party was suffering from a veneral disease in a communicable form; or
• At the time of marriage, the wife was pregnant by some person other than her husband

Our Services

Our services and support include, but is not limited to the following areas:

• Providing legal advice to individuals seeking to annul their marriage;
• Legal representation in courts for individuals seeking to annul their marriage

Related Services

• Custody
• Divorce
• Judicial Separation
• Injunction

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