Non-marriages, void marriages, and voidable marriages

In England and Wales, a marriage may be valid, voidable, void or even considered a ‘non-marriage’.

A valid marriage is one which satisfies the legal requirements set out by the Marriage Act 1949 (MA 1949). When getting married, it is important to understand these requirements, to ensure that your marriage is valid and have the legal protection which comes with this. 

The category a marriage falls into will affect the financial remedies available upon divorce or separation.

Void, voidable or ‘non-marriage’

A void marriage is one which is treated as having never existed due to a fundamental defect. Therefore, obtaining a nullity of marriage order is purely declaratory, and does not actually affect the legal status of the marriage.

In contrast, a voidable marriage is valid until a nullity of marriage order is granted. There are a number of grounds on which a marriage may be voidable and a nullity of marriage order can be obtained, which you can learn about by reading our guide to voidable marriages.

A ‘non-marriage’ or ‘non-qualifying ceremony is one which falls so far short of the formalities set out in the Marriage Act 1949 and Matrimonial Causes Act 1973 that it cannot even be considered to have created a void marriage.

The effect of a marriage’s legal status

Upon separation, parties to a valid marriage can apply for divorce, and subsequently, financial remedies.

Those party to a void or voidable marriage may have their marriage annulled through a nullity of marriage order, and similarly, apply for financial remedies.

However, where there is a ‘non-marriage’ or ‘non-qualifying ceremony’, the court cannot grant a nullity order as no marriage is recognised as having ever taken place, nor can the parties apply for financial relief upon the breakdown of the relationship.

If you are considering or going through a divorce and are concerned about the legal validity of your marriage, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.

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