Matrimonial Causes Act 1973

11 (1) Subject to sub-paragraphs (2) and (3) below, a marriage celebrated before 1st August 1971 shall (without prejudice to any other grounds on which a marriage celebrated before that date is by law void or voidable) be voidable on the ground— E+W

(a) that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; or

(b) that at the time of the marriage either party to the marriage—

(i) was of unsound mind, or

(ii) was suffering from mental disorder within the meaning of the M1 Mental Health Act 1959 of such a kind or to such an extent as to be unfitted for marriage and the procreation of children, or

(iii) was subject to recurrent attacks of insanity or epilepsy; or

(c) that the respondent was at the time of the marriage suffering from venereal disease in a communicable form; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner[F1 or

(e) that an interim gender recognition certificate under the Gender Recognition Act 2004 has been issued to either party to the marriage;]

(2) In relation to a marriage celebrated before 1st November 1960, for heads (ii) and (iii) of sub-paragraph (1)(b) above shall be substituted the following heads—

“(ii) was a mental defective within the meaning of the Mental Deficiency Acts 1913 to 1938, or

(iii) was subject to recurrent fits of insanity or epilepsy; or”.

(3) The court shall not grant a decree of nullity in a case falling within sub-paragraph (1)(b), (c)or (d) above unless it is satisfied that—

(a) the petitioner was at the time of the marriage ignorant of the facts alleged; and

(b) proceedings were instituted within a year from the date of the marriage; and

(c) marital intercourse with the consent of the petitioner has not taken place since the petitioner discovered the existence of the grounds for a decree;

and where the proceedings with respect to the marriage are instituted after 31st July 1971 the application of section 13(1) above in relation to the marriage shall be without prejudice to the preceding provisions of this sub-paragraph.

[F2 (3A) The court shall not [F3 make a nullity of marriage order] in a case falling within sub-paragraph (1)(e) above unless it is satisfied that proceedings were instituted within six months from the date of issue of the interim gender recognition certificate.]

(4) Nothing in this paragraph shall be construed as validating a marriage which is by law void but with respect to which [F4 no decree of nullity or nullity of marriage order has been made].

Textual Amendments

F1 Sch. 1 para. 11(1)(e) and preceding word inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 4(2); S.I. 2005/54, art. 2

F2 Sch. 1 para. 11(3A) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 4(3); S.I. 2005/54, art. 2

F3 Words in Sch. 1 para. 11(3A) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 33(b) (with s. 8(6)); S.I. 2022/283, reg. 2

F4 Words in Sch. 1 para. 11(4) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 33(c); S.I. 2022/283, reg. 2

Marginal Citations

M1 1959 c. 72.