Section 11 Grounds on which a marriage is void.

England and Wales

A marriage celebrated after 31st July 1971 F1, other than a marriage to which section 12A applies, shall be void on the following grounds only, that is to say—

(a)

that it is not a valid marriage under the provisions of F2the F3Marriage Acts 1949 to 1986 (that is to say where—

(i)

the parties are within the prohibited degrees of relationship;

(ii)

either party is under the age of F4eighteen; F5...

F6(iia)

the marriage is solemnized in contravention of section 2A of the Marriage Act 1949; or

(iii)

the parties have intermarried in disregard of certain requirements as to the formation of marriage);

(b)

that at the time of the marriage either party was already lawfully married F7or a civil partner;

F8(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

in the case of a polygamous marriage entered into outside England and Wales, that either party was at the time of the marriage domiciled in England and Wales.

For the purposes of paragraph (d) of this subsection a marriage F9is not polygamous if at its inception neither party has any spouse additional to the other.

Annotations

Textual amendments

F1: Words in s. 11 inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 6(2)
F2: Words substituted by virtue of Marriage Act 1983 (c. 32, SIF 49:1), s. 12(1)
F3: Words substituted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 6(4)
F4: Word in s. 11(a)(ii) substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 3 (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)
F5: Word in s. 11(a)(ii) omitted (2.8.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 75(4), 81(2); S.I. 2024/846, reg. 2(a)
F6: S. 11(a)(iia) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 75(4), 81(2); S.I. 2024/846, reg. 2(a)
F7: Words in s. 11(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 40; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
F8: S. 11(c) omitted (13.3.2014) by virtue of Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 27; S.I. 2014/93, art. 3(k)(ii)
F9: Words in s. 11 substituted (8.1.1996) by 1995 c. 42, ss. 8(2), 16(2), Sch. para. 2(2) (with s. 8(1)(3))