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Marriage

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Marriage
egarded as valid until a decree annulling it has been pronounced”.

The only ground for a void marriage which may apply on the facts is if Norman and Deirdre failed to observe certain legal formalities required for a valid marriage . More information is needed on what formalities, were observed at wedding. However on the facts we are aware that the marriage ceremony took place in a registry office, as a result the marriage must comply with certain legal requirements. The marriage must have been solemnised under the authority of a superintendent registrars , and in the office of a superintendent registrar . A minimum of 15 days notice of the marriage must have been given to the superintendent registrars in the districts where the parties have resided for the last seven days . The notice is a prescribed format and is accompanied by a solemn declaration that there are no lawful impediments to the marriage , and that the residential requirements have been satisfied. The notice must have been entered in the marriage notice book which is open to public inspection and also be displayed . A certificate must have been issued which authorises the marriage to be solemnised. The marriage must be solemnised within 12 months from the day on which notice of the marriage was entered in the marriage notice book otherwise the marriage will be held void . There is insufficient information as to whether any of the requirements were satisfied. Nevertheless it should be noted that guilty knowledge is required by both parties to render the marriage void . As a result it maybe difficult to establish, that the marriage was void on this ground.

Norman may obtain a nullity decree if he can satisfy any of the requirements under s.12 MCA 1973 . A marriage is voidable if it has not been consummated owing to the incapacity of either party to consummate it, or the respondent wilfully refuses to consummate the marriage . A marriage is consummated as soon as the parties have sexual

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