Voidable marriages ================== What is a voidable marriage? ---------------------------- A voidable marriage is a marriage which is legally valid, but has a defect which means that either party can seek a nullity of marriage order from the court. This is different to a [void marriage](https://vardags.com/law-guide/legal-marriage-requirements/void-marriages), which is treated as having never existed in the first place. **If you are considering or going through a divorce and are concerned about the legal status of your marriage, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") A marriage will be voidable under [section 12 of the Matrimonial Causes Act 1973](https://www.legislation.gov.uk/ukpga/1973/18/section/12) on the following grounds: > - The [marriage has not been consummated ](https://vardags.com/law-guide/legal-marriage-requirements/consummation)owing to the incapacity of either party or the wilful refusal of the respondent (this does not apply to same sex couples) > - Either party did not validly consent to the marriage (whether by [mistake or duress](https://vardags.com/law-guide/legal-marriage-requirements/voidable-marriage-lack-of-valid-consent-mistake-or-duress), or [unsoundness of mind/lack of capacity](https://vardags.com/law-guide/legal-marriage-requirements/lack-of-capacity)) > - At the time of the marriage, either party was suffering from a mental disorder > - At the time of the marriage, [the respondent was suffering from a communicable venereal disease](https://vardags.com/law-guide/legal-marriage-requirements/venereal-disease-pregnancy-by-another-person-and-gender-recognition) (and the applicant was unaware) > - At the time of the marriage, [the respondent was pregnant by another person](https://vardags.com/law-guide/legal-marriage-requirements/venereal-disease-pregnancy-by-another-person-and-gender-recognition) (and the applicant was unaware) > - An [interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued](https://vardags.com/law-guide/legal-marriage-requirements/venereal-disease-pregnancy-by-another-person-and-gender-recognition) to either party to the marriage > - The [respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004](https://vardags.com/law-guide/legal-marriage-requirements/venereal-disease-pregnancy-by-another-person-and-gender-recognition) (and the applicant was unaware) However, even if one of these grounds is met, the court will not make a nullity of marriage order if it is satisfied that: > 1. The applicant, knowing that they could apply to end the marriage, conducted themselves in a way which led the respondent to reasonably believe that they would not do so; and > 2. It would be unjust to the respondent to make the order. Time limits to annul a voidable marriage ---------------------------------------- There is a 3-year time limit from the date of the marriage to bring an application for a nullity of marriage order based on all of the grounds save for non-consummation of the marriage or where an interim gender recognition certificate has been granted (this has its own specific time limit). About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Forced marriage](https://vardags.com/law-guide/legal-marriage-requirements/forced-marriage "Forced marriage") [Non-marriages, void marriages, and voidable marriages](https://vardags.com/law-guide/legal-marriage-requirements/non-marriages-void-marriages-voidable-marriages "Non-marriages, void marriages, and voidable marriages") [Setting aside a consent order due to lack of capacity](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/setting-aside-a-consent-order-due-to-lack-of-capacity "Setting aside a consent order due to lack of capacity") [The requirement for a marriage to be consummated](https://vardags.com/law-guide/legal-marriage-requirements/consummation "The requirement for a marriage to be consummated") [Voidable marriages: venereal disease, pregnancy by another person, and gender recognition](https://vardags.com/law-guide/legal-marriage-requirements/venereal-disease-pregnancy-by-another-person-and-gender-recognition "Voidable marriages: venereal disease, pregnancy by another person, and gender recognition") [Void marriages](https://vardags.com/law-guide/legal-marriage-requirements/void-marriages "Void marriages") [Voidable marriage: lack of capacity](https://vardags.com/law-guide/legal-marriage-requirements/lack-of-capacity "Voidable marriage: lack of capacity") [Voidable marriage: lack of valid consent due to mistake or duress](https://vardags.com/law-guide/legal-marriage-requirements/voidable-marriage-lack-of-valid-consent-mistake-or-duress "Voidable marriage: lack of valid consent due to mistake or duress") [What Is a 'Non-Marriage' or 'Non-Qualifying Ceremony' in England & Wales?](https://vardags.com/law-guide/legal-marriage-requirements/non-marriage-non-qualifying-ceremony "What Is a 'Non-Marriage' or 'Non-Qualifying Ceremony' in England & Wales?") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.