Period before nullity order final: MCA 1973 s. 12B
A nullity order is conditional first; final only after 6 weeks. Court can shorten; Lord Chancellor can extend up to 6 months. Order subject to annulment.
12B An order that annuls a marriage which is void or voidable (a “nullity of marriage order”)— is, in the first instance, a conditional order, and may not be made final before the end of the period of 6 weeks from the making of the conditional order. The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (1)(b). But the Lord Chancellor may not under subsection (2) lengthen the period so that it exceeds 6 months. In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable for the purposes of subsection (1)(b). A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
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
When a court decides to annul a marriage, the first decision is called a 'conditional order'. This does not end the marriage yet.
The conditional order cannot become final until at least 6 weeks have passed. The court dealing with the case can shorten that waiting period for a particular case.
The Lord Chancellor can change the general waiting period by making a statutory instrument, but cannot extend it beyond 6 months. Any such instrument can be annulled by a resolution of either House of Parliament.
When it applies
- A couple obtains a conditional nullity order and the applicant wants it finalised quickly to remarry before a planned wedding date.
- The respondent in a nullity case tries to delay the final order by objecting to the court shortening the 6-week period.
- The Lord Chancellor publishes a draft statutory instrument to increase the general waiting period from 6 weeks to 10 weeks, triggering parliamentary scrutiny.
- A court dealing with a case decides to shorten the 6-week period to 2 weeks because both parties consent and have urgent travel reasons.
What this section does not say
- Grounds for annulment (these are in sections 11, 12, and 12A).
- Financial orders on annulment (sections 21 to 21B).
- Procedure for applying for a nullity order (not covered in this section).
- Effect of annulment on property or status (section 16).
Related sections
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This page reproduces the text of MCA 1973 s. 12B 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.