An Applicant may apply to Court to annul his or her marriage in some circumstances such as your spouse is already married; your spouse has refused to consummate the marriage (wilful refusal); the marriage has not been consummated because you or your spouse is incapable of consummating it; or if at the time of your marriage, your spouse is suffering from venereal disease and you are not aware of this.
A marriage can be void or voidable.
A marriage is void where (section 105, Women’s Charter):
- Either party is below the age of 18
- The parties are within prohibited degrees of relationship as set out in the Charter, and have not obtained a special statutory marriage licence to wed
- Either party has committed bigamy
- The parties are not respectively male and female
- The marriage is not formally solemnised
A marriage can be held voidable on the grounds of (section 106, Women’s Charter):
- Non-consummation owing to the incapacity of either party to consummate it or wilful refusal of the defendant to consummate it
- Either party not validly consenting to the marriage, whether as a consequence of duress, mistake, unsoundness of mind or otherwise
- Either party, although capable of giving a valid consent, suffering (whether continuously or intermittently) from a mental disorder so as to be unfit for marriage
- The defendant suffering from venereal disease in a communicable form
- The defendant being pregnant by some person other than the claimant