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