Notwithstanding the annulment, as at the date of the decree, the child shall be deemed to be their legitimate child (if the child would have been the legitimate child of the parties to the marriage if it had been dissolved (by way of divorce) instead of being annulled.

A decree of Nullity shall operate to annul the marriage with respect to any time after the decree has been made absolute (i.e. final). Notwithstanding the decree, the marriage is treated as if it had existed up to that time.

• If the Plaintiff knew of the circumstances whereby he or she could have avoided the marriage but conduct himself or herself such as to lead the Respondent reasonably to believe that the Plaintiff would not seek to do so; and that it would be unjust to the Defendant to grant the decree.

• For the Application based […]

A spouse can file for a judgment of nullity in respect of his or her marriage (section 104, Women’s Charter). A marriage may be held void or voidable.

A marriage is void where:

• Either party is below the age of 18.
• The parties are within prohibited degrees of relationship as set out in the Women’s Charter, […]