Void/voidable marriage on CP conversion - MCA 1973 s. 12A
A marriage converted from a void civil partnership is void; from a valid one, it is voidable if any ground in s.12(1)(c)-(h) existed at the conversion date.
12A This section applies to a marriage which has been converted, or is purported to have been converted, from a civil partnership under section 9 of the 2013 Act and regulations made under that section. A marriage which results from the purported conversion of a void civil partnership is void. A marriage which results from the conversion of a civil partnership is voidable if any of paragraphs (c) to (h) of section 12(1) applied at the date from which the marriage is treated as having subsisted in accordance with section 9(6) of the 2013 Act . In this section, the “ 2013 Act ” means the Marriage (Same Sex Couples) Act 2013.
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 applies only to marriages that result from converting a civil partnership under the Marriage (Same Sex Couples) Act 2013. If the original civil partnership was void (invalid from the start), any attempt to convert it into a marriage also produces a void marriage. If the civil partnership was valid but one of the grounds listed in section 12(1)(c) to (h) of the Matrimonial Causes Act 1973 existed at the date the marriage is treated as having begun (the conversion date), then the marriage is voidable – that is, it can be annulled if a court order is sought. Those grounds include lack of consent, mental disorder, venereal disease, pregnancy by another person, and other similar defects that apply to ordinary marriages.
When it applies
- One person was forced or tricked into converting the civil partnership, making the marriage voidable.
- The civil partnership was void because the couple were within prohibited degrees of relationship, so the purported conversion also creates a void marriage.
- After conversion, it emerges that one party had a sexually transmitted disease at the time of conversion, giving grounds to treat the marriage as voidable.
- A person converts a civil partnership while mentally incapable of understanding the nature of marriage, making the resulting marriage voidable.
What this section does not say
- This provision does not apply to marriages that were not converted from a civil partnership; those are covered by sections 11 and 12 of the 1973 Act.
- It does not explain the procedure for converting a civil partnership into a marriage – that is governed by section 9 of the Marriage (Same Sex Couples) Act 2013 and its regulations.
- It does not set out the effects of annulment of a void or voidable marriage; those are in section 16 of the 1973 Act.
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This page reproduces the text of MCA 1973 s. 12A 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.