Grounds on which a marriage is void - MCA 1973 s. 11
MCA 1973 s. 11: Grounds for void marriage after 31 July 1971: prohibited degrees, under 18, existing marriage, polygamy with English domicile, and defects.
A marriage celebrated after 31st July 1971 , other than a marriage to which section 12A applies, shall be void on the following grounds only, that is to say— that it is not a valid marriage under the provisions of the Marriage Acts 1949 to 1986 (that is to say where— the parties are within the prohibited degrees of relationship; either party is under the age of eighteen ; ... the marriage is solemnized in contravention of section 2A of the Marriage Act 1949; or the parties have intermarried in disregard of certain requirements as to the formation of marriage); that at the time of the marriage either party was already lawfully married or a civil partner ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 is not polygamous if at its inception neither party has any spouse additional to the other.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section lists the exclusive grounds on which a marriage celebrated after 31 July 1971 can be declared void (except marriages that have been converted from a civil partnership under section 12A). A void marriage is treated as if it never existed.
The grounds are: (a) the parties are within prohibited degrees of relationship (for example, parent and child, brother and sister, or uncle and niece); (b) either party is under the age of eighteen and the marriage is not valid under the Marriage Acts 1949 to 1986; (c) the marriage is solemnized in contravention of section 2A of the Marriage Act 1949 (force marriage); (d) the parties have intermarried in disregard of certain requirements for the formation of marriage; (e) at the time of the marriage either party was already lawfully married or a civil partner; (f) for a polygamous marriage entered into outside England and Wales, if either party was domiciled in England and Wales at the time of the marriage (unless at inception neither party had any other spouse).
No other grounds can make a marriage void after that date. This section does not apply to voidable marriages dealt with under section 12.
When it applies
- A brother and sister marry each other.
- A person under 18 marries without the required consent, making the marriage invalid under the Marriage Acts.
- A person who is already lawfully married goes through a second marriage ceremony.
- A person domiciled in England and Wales enters into a polygamous marriage in a foreign country.
- A couple marry in a registry office but fail to give proper notice of marriage, disregarding formation requirements.
What this section does not say
- Marriages that are voidable (e.g., lack of consent, mental disorder, pregnancy by another) – these are covered by section 12.
- Marriages celebrated before 31 July 1971 – those are governed by earlier law.
- Civil partnerships – their validity is dealt with under separate legislation.
- A marriage that is not void under these grounds might still be annulled on other grounds under section 12.
Related sections
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This page reproduces the text of MCA 1973 s. 11 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.