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Article 13 Grounds on which a marriage is void

(1)

A marriage celebrated after the commencement of this Article shall be void on the following grounds only, that is to say—

(a)

that the parties are within the prohibited degrees of relationship;

(b)

that it is not a valid marriage under the provisions of the Age of Marriage Act (Northern Ireland) 1951 1951 c.25 (persons under 16);

(c)

that it is not a valid marriage by reason of non-compliance with any statutory provision or rule of law governing the formation of marriage;

(d)

that at the time of the marriage either party was already lawfully marriedF1 or a civil partner;

F2(e)

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

(f)

in the case of a polygamous marriage entered into outside Northern Ireland, that either party was at the time of the marriage domiciled in Northern Ireland.

(2)

For the purposes of paragraph (1)( f) a marriageF3 is not polygamous if at its inception neither party has any spouse additional to the other.

F4(3)

Paragraph (4) applies in the case of a marriage which results from the conversion, or purported conversion, of a civil partnership into a marriage—

(a)

under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, or

(b)

under Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 where the civil partnership is a convertible Northern Ireland civil partnership as defined by regulation 2 of those Regulations.

(4)

The marriage is void if (but only if) the civil partnership was void.

Annotations

Textual amendments

F1

2004 c. 33

F2

Art. 13(1)(e) omitted (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 5(1) (with regs. 6-9)

F3

1995 NI 20

F4

Art. 13(3)(4) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 37(2)