Applies ss.8-9 to nullity orders MCA 1973 s.15
Section 8 (Queen's Proctor) and section 9 (court powers) apply to nullity proceedings, substituting 'nullity of marriage order' for 'divorce order'.
Section 8 (intervention of Queen's Proctor) and section 9 (proceedings before divorce order has been made final: general powers of court) apply in relation to proceedings for a nullity of marriage order as if for any reference in those sections to a divorce order there were substituted a reference to a nullity of marriage order.
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 provision makes sections 8 and 9 of the Matrimonial Causes Act 1973 apply to proceedings for a nullity of marriage order. Section 8 allows the Queen's Proctor to intervene in divorce proceedings; under this provision, that power also applies to nullity proceedings. Section 9 gives the court general powers to deal with proceedings before a divorce order is made final; under this provision, those powers also apply to nullity of marriage proceedings, with references to 'divorce order' replaced by 'nullity of marriage order'.
When it applies
- A party applies for a nullity of marriage order, and the Queen's Proctor wants to intervene in the proceedings.
- The court needs to exercise its powers before making a nullity order final, such as to deal with interim matters or to delay the final order.
- A respondent in nullity proceedings seeks to delay the making of the final nullity order, and the court considers whether to use its powers under section 9.
- The Queen's Proctor investigates allegations of collusion or other issues in a nullity of marriage case.
What this section does not say
- This provision does not set out the grounds for a nullity of marriage order (those are in sections 11, 12, 12a, and 12b).
- It does not deal with the effect of annulment of a voidable marriage (that is in section 16).
- It does not cover financial provision, property adjustment, or pension sharing orders (those are in sections 21, 21a, 21b, 21c, 22, and 23).
- It does not apply to divorce proceedings directly; it only extends the application of sections 8 and 9 to nullity proceedings.
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of MCA 1973 s. 15 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.