Grounds for voidable marriage – MCA 1973 s. 12
Exclusive grounds for voidable marriage: non-consummation, lack of consent, mental disorder, venereal disease, pregnancy by another, gender recognition.
A marriage celebrated after 31st July 1971 , other than a marriage to which section 12A applies, shall be voidable on the following grounds only, that is to say— that the marriage has not been consummated owing to the incapacity of either party to consummate it; that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise; that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage; that at the time of the marriage the respondent was suffering from venereal disease in a communicable form; that at the time of the marriage the respondent was pregnant by some person other than the petitioner. that an interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage; that the respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004. Paragraphs (a) and (b) of subsection (1) do not apply to the marriage of a same sex couple.
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 only grounds on which a marriage celebrated after 31 July 1971 (other than a marriage converted from a civil partnership under section 12A) can be voidable. The grounds are: (a) non-consummation due to incapacity of either party; (b) non-consummation due to the respondent’s wilful refusal; (c) lack of valid consent because of duress, mistake, unsoundness of mind or otherwise; (d) mental disorder (as defined in the Mental Health Act 1983) making a party unfitted for marriage; (e) the respondent had venereal disease in a communicable form at the time of the marriage; (f) the respondent was pregnant by someone else at the time of the marriage; (g) an interim gender recognition certificate under the Gender Recognition Act 2004 has been issued after the marriage to either party; (h) the respondent’s gender at the time of marriage had become the acquired gender under that Act.
Paragraphs (a) and (b) (the non-consummation grounds) do not apply to same-sex couples. The section does not define ‘incapacity’ or ‘wilful refusal’ – those terms are interpreted by case law. Bars to relief are set out in section 13.
When it applies
- A spouse refuses to consummate the marriage and the other spouse petitions for nullity on the ground of wilful refusal.
- A person was forced into marriage under duress and later seeks annulment.
- One spouse discovers after the wedding that the other had a sexually transmitted infection at the time of the marriage.
- A spouse learns that their partner was pregnant by a third party when they married.
- A spouse obtains a gender recognition certificate after the marriage, and the other spouse wants to annul.
What this section does not say
- This section does not cover grounds for divorce (see section 1 for breakdown of marriage).
- It does not apply to marriages that are void (section 11 lists those grounds).
- It does not cover marriages converted from civil partnerships (section 12A applies instead).
- The section does not address time limits or bars to relief – those are in section 13.
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This page reproduces the text of MCA 1973 s. 12 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.