Section 8Part 0 —
Grounds for pronouncing decrees for nullity of marriage or civil partnership
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For the purpose of this section a marriage, or civil partnership is void if —
it was celebrated in the Islands and —
it is within the prohibited degrees of consanguinity or affinity; or
it is void under the law in force for the time being in the Islands relating to marriage, or civil partnership;
it is bigamous; or
the parties were not virtually consenting thereto by reason of duress, fraud or incapacity of mind.
Spent pursuant to the Mental Health Act (2023 Revision).
A decree of nullity may be pronounced by the Court in respect of any marriage, or civil partnership, or purported marriage, or civil partnership, on the ground that —
such marriage, or civil partnership, is void;
one of the parties thereto was, at the time of the marriage physically incapable of consummating the marriage, and remains so incapable;
the marriage has not been consummated by reason of the wilful refusal of the respondent to consummate the marriage;
that either party to the marriage, or civil partnership, was, at the time of the marriage, or civil partnership, mentally impaired to an extent that they could not validly consent;
the respondent was at the time of the marriage suffering from venereal disease in a communicable form; or
the respondent was at the time of marriage, or civil partnership, pregnant by some person other than the petitioner:
Provided that, in the cases specified in paragraphs (b) to (f) the petitioner was, at the time of the celebration of the marriage, or civil partnership, ignorant of the facts alleged and the proceedings were instituted within one year from the date of the marriage; and in the cases specified in paragraphs (d) to (f), marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds of the decree.
Where, apart from this Act, any matter affecting the validity of a marriage, or civil partnership, would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside the Islands, nothing in the section shall —
preclude the determination of that matter as aforesaid; or
require the application to the marriage, or civil partnership, of the grounds there mentioned except so far as applicable in accordance with those rules.
Cross References
- Section of Mental Health Act
Mental Health Act (2023 Revision)