Decree of Nullity

A marriage may be either void or voidable.

A marriage which is void is regarded as never having taken place, therefore it does not require a Court Decree to annul it. However, it is desirable that a Decree of Annulment be obtained to remove any doubt as to the validity of a subsequent marriage.

Alternatively, a marriage may be voidable, which means that a valid substituting marriage exists until the Court Decree of Annulment is obtained.

Under Irish Law, a marriage may be void because of :-

• Lack of capacity
• Non - observance of formalities
• Absence of Consent

1. At the time of the ceremony either party is validly married to another.
2. The parties at the time of the marriage ceremony come within the prohibited degrees of relations, i.e. are related through blood/marriage.
3. The parties at the time of the marriage ceremony are of the same biological sex.
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A fully, informed free consent is required for a valid marriage. Therefore, if consent is not obtained at all or is obtained through fraud, fear, duress, intoxication or insanity, the marriage is considered to be void.
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A marriage is voidable for the following reasons:

Impotence
If, at the time of the marriage, either of the parties are impotent, the Court may pronounce a Decree declaring the marriage void.

Inability to enter into and sustain a normal marital relationship.
This concept is the situation where either spouse is suffering from psychological incapacity or emotional immaturity.

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