Nullity of marriage is a declaration by a court that a marriage is null and void, and that no valid marriage is deemed to exist. This differs from divorce in that a divorce is a declaration bringing a valid marriage to an end.
Under the law of nullity, there are two types of marriages that may be annulled ie "void" marriages and "voidable" marriages.
Where a marriage is "void", it is regarded as if it never took place. It is advisable to obtain a court order declaring that your marriage is annulled in order to avoid doubt where the parties are unclear as to whether a marriage is "void".
Where a marriage is "voidable", it is considered to be a valid marriage until a decree of annulment is made.
A decree of annulment can only be made if one of the parties to the marriage applies to the court for a nullity.
Dillon Solicitors have advised in a number of cases in relation to applications for Nullity both in the Circuit Court and in the High Court.
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