Effect of annulment for voidable marriage MCA 1973 s. 16
A nullity of marriage order for a voidable marriage annuls the marriage only from the final order onwards; the marriage is treated as valid until that time.
A nullity of marriage order granted in respect of a voidable marriage shall operate to annul the marriage only as respects any time after the order has been made final, and the marriage shall, notwithstanding the order, be treated as if it had existed up to that time. Subsection (1) has effect in relation to a decree of nullity granted after 31 July 1971 as it has effect in relation to a nullity of marriage order, but with the substitution— for “order has been made final,” of “decree has been made absolute,” and for “notwithstanding the order,” of “notwithstanding the decree,
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 deals with what happens when a voidable marriage is annulled. Unlike a void marriage, which is treated as never having existed, a voidable marriage is considered valid until a nullity order is made final (or a decree absolute, for older cases). The annulment only affects the marriage from that point forward. Everything that happened before the final order – such as property bought, children born, or tax filings – is treated as if the marriage was genuine.
In simple terms, a voidable marriage is not wiped out retroactively. The order says 'the marriage shall, notwithstanding the order, be treated as if it had existed up to that time.' This protects rights and obligations that arose during the marriage, such as inheritance, legitimacy of children, and financial arrangements.
The same rule applies to decrees of nullity granted after 31 July 1971, but using the terms 'decree absolute' instead of 'order made final'.
When it applies
- A couple married in a ceremony that was later found voidable (e.g., one spouse lacked mental capacity). Before the nullity order becomes final, they have a child. The child is legally legitimate because the marriage is taken to have existed until the final order.
- One spouse dies intestate while the nullity application is pending and before the order is final. The surviving spouse inherits as a legal spouse because the marriage is deemed valid up to the moment of death.
- The couple jointly purchased a house during the marriage. After the nullity order is final, the house is treated as jointly owned from the marriage period; the annulment does not undo that co-ownership.
- A pension scheme pays spousal benefits based on the duration of the marriage. Benefits accrued before the nullity order became final are protected because the marriage is considered to have existed until that date.
What this section does not say
- This provision does not apply to void marriages under s.11, which are void from the start and never treated as valid.
- It does not list the grounds on which a marriage is voidable – those are in s.12.
- It does not set time limits for applying for a nullity order or bars to relief – those are in s.13.
- It does not regulate financial provision or property adjustment orders after annulment – those are covered by ss.21-24.
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This page reproduces the text of MCA 1973 s. 16 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.