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- Point in Time (27/09/1999)
- Original (As enacted)
Version Superseded: 04/04/2005
Point in time view as at 27/09/1999. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Matrimonial Causes Act 1973, Section 13.
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(1)The court shall not, in proceedings instituted after 31st July 1971, grant a decree of nullity on the ground that a marriage is voidable if the respondent satisfies the court—
(a)that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and
(b)that it would be unjust to the respondent to grant the decree.
[F1(2)Without prejudice to subsection (1) above, the court shall not grant a decree of nullity by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) or (f) of that section unless—
(a)it is satisfied that proceedings were instituted within the period of three years from the date of the marriage, or
(b)leave for the institution of proceedings after the expiration of that period has been granted under subsection (4) below.]
(3)Without prejudice to subsections (1) and (2) above, the court shall not grant a decree of nullity by virtue of section 12 above on the grounds mentioned in paragraph (e) or (f) of that section unless it is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged.
[F2(4)In the case of proceedings for the grant of a decree of nullity by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) or (f) of that section, a judge of the court may, on an application made to him, grant leave for the institution of proceedings after the expiration of the period of three years from the date of the marriage if—
(a)he is satisfied that the petitioner has at some time during that period suffered from mental disorder within the meaning of the Mental Health Act 1983, and
(b)he considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.
(5)An application for leave under subsection (4) above may be made after the expiration of the period of three years from the date of the marriage.]
Textual Amendments
F1S. 13(2) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2(2), 48(2)
F2S. 13(4)(5) added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2(3), 48(2)
Modifications etc. (not altering text)
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