Bars to voidable marriage nullity orders MCA 1973 s. 13
MCA 1973 s. 13 bars nullity orders for voidable marriages if the applicant knew they could annul it, delayed past three years or six months, or knew the facts.
The court shall not make a nullity of marriage order on the ground that a marriage is voidable if the respondent satisfies the court— that the applicant , with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and that it would be unjust to the respondent to make the order . Without prejudice to subsection (1) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) , (f) or (h) of that section unless— it is satisfied that proceedings were instituted within the period of three years from the date of the marriage, or leave for the institution of proceedings after the expiration of that period has been granted under subsection (4) below. Without prejudice to subsection (1) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the ground mentioned in paragraph (g) of that section unless it is satisfied that proceedings were instituted within the period of six months from the date of issue of the interim gender recognition certificate. Without prejudice to subsections (1) and (2) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (e) , (f) or (h) of that section unless it is satisfied that the applicant was at the time of the marriage ignorant of the facts alleged. In the case of proceedings for the making of a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) , (f) or (h) of that section, a judge of the court may, on an application made to him, grant leave for the institution of proceedings after the expiration of the period of three years from the date of the marriage if— he is satisfied that the applicant has at some time during that period suffered from mental disorder within the meaning of the Mental Health Act 1983, and he considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings. An application for leave under subsection (4) above may be made after the expiration of the period of three years from the date of the marriage.
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 sets out the legal bars preventing a court from making a nullity of marriage order when a marriage is voidable under section 12. Unlike a void marriage, a voidable marriage remains valid until an order is made.
An order cannot be made if the applicant led the respondent to reasonably believe they would not seek an annulment, making it unjust to grant one. Depending on the ground, proceedings must be instituted within three years of the marriage or within six months of an interim gender recognition certificate.
For grounds such as lack of consent, mental disorder, pregnancy by another person, or a sexually transmitted infection, the applicant must have been ignorant of the facts at the time of marriage. Leave to apply after three years may be granted if the applicant suffered from a mental disorder within the meaning of the Mental Health Act 1983.
When it applies
- A spouse seeks an annulment after reassuring their partner that they would remain married despite grounds existing.
- An applicant files for a nullity order more than three years after the marriage date without a qualifying mental disorder.
- A person applies for annulment following an interim gender recognition certificate after six months have passed.
- A partner seeks annulment for a sexually transmitted infection despite knowing about it at the time of marriage.
What this section does not say
- Grounds for declaring a marriage void from the beginning, covered under mca1973s.11.
- Divorce proceedings based on irretrievable breakdown, which are governed by mca1973s.1.
- The specific grounds that make a marriage voidable, listed in mca1973s.12.
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This page reproduces the text of MCA 1973 s. 13 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.