Nullity of Marriage
Nullity is a declaration by the court that a valid marriage never existed. It is different from divorce. Rather than ending a marriage, it states that the marriage was never legally valid in the first place.
Guides in this topic
- Divorce vs Judicial Separation in Ireland: What Is the Difference?
Many people are unsure whether to pursue a divorce or a judicial separation. This guide explains the key differences and helps you understand which option might be right for your situation.
What Is a Decree of Nullity?
A decree of nullity is a court declaration that what appeared to be a marriage was never a valid marriage in law. This is fundamentally different from divorce, which ends a valid marriage. Nullity states that no valid marriage ever existed.
There are various grounds for nullity in Ireland, including lack of capacity, for example where one party was already married, lack of consent through duress, fraud or mental incapacity, inability to form and sustain a normal marital relationship, and non-observance of required formalities.
Obtaining a nullity can be complex and typically requires strong evidence. It is heard in the Circuit Court or High Court. If granted, both parties are treated as if they were never married, though the court can still make orders regarding children.
In practice, nullity is uncommon and the threshold is high. Most people who begin by asking about nullity are better served by a judicial separation or a divorce. That is not a reason to dismiss it, but it is a reason to get a realistic assessment before committing to the process.
Who This Applies To
- People who believe their marriage was never legally valid
- Those who married under duress or due to fraud
- People whose spouse was already married at the time of the ceremony
- Those where a spouse lacked mental capacity to consent to marriage
What the Process Involves
- 1
Assess the ground honestly
The first step is a candid assessment of whether the facts fit a recognised ground for nullity. A marriage that broke down, even quickly and even where one party behaved badly, is not by itself a ground for nullity.
- 2
Gather documentary evidence
Where the ground is a formal defect or a prior subsisting marriage, the case may turn largely on documents: the marriage registration, notification of intention to marry, and any earlier marriage or divorce records.
- 3
Expert evidence where consent or capacity is in issue
Grounds based on incapacity to form and sustain a normal marital relationship, or on lack of true consent, usually require psychiatric or psychological assessment of one or both parties. This is the single biggest driver of both cost and delay.
- 4
Issue proceedings and serve the other party
Proceedings are issued in the Circuit Court or the High Court. The other spouse is served and may defend the application.
- 5
Hearing and decree
The court hears the evidence and decides. If a decree of nullity is granted, the parties are treated as never having been married. The court can still make orders in relation to any children of the relationship.
How Long It Takes
Nullity cases are typically slower than divorce, because they usually depend on expert reports and contested evidence about the state of affairs at the date of the ceremony, sometimes many years earlier.
See Divorce vs Judicial Separation in Ireland: What Is the Difference?What It Costs and What Drives the Cost
Nullity is generally the most expensive of the family law routes relative to what it achieves. The dominant cost is expert evidence, particularly psychiatric assessment, along with a longer and more evidence-heavy hearing.
See Divorce vs Judicial Separation in Ireland: What Is the Difference?Documents You Will Need
Having these gathered before your first conversation saves time and money. If you cannot access some of them, bring what you have.
- The civil marriage registration and marriage certificate
- The notification of intention to marry and related registrar paperwork
- Evidence of any earlier marriage of either party, and any divorce or death certificate ending it
- Medical or psychiatric records where capacity or consent is in issue
- Correspondence or witness statements about the circumstances of the ceremony
- Evidence of how long the parties lived together after the ceremony
- Birth certificates for any children
Free advice on nullity
A free, confidential call with a qualified solicitor or barrister covers your questions about nullity, where you stand and your options. Saor Law gives advice but does not represent you in court.
How Saor Law Can Help
Nullity cases can be legally complex. The volunteer solicitors and barristers who advise through Saor Law can assess whether you may have grounds for nullity, explain the process and evidence required, and advise on whether nullity or divorce is more appropriate for your circumstances.