Annulments (nullity)

What an annulment is

Nullity is a legal declaration by a court that a marriage or civil partnership never existed. It declares that although two people went through a marriage or civil partnership ceremony, the ceremony was not valid by law. Nullity is more commonly referred to as an annulment.

An annulment is not the same as a divorce or dissolution. A divorce declares that a valid marriage has ended. A dissolution declares that a valid civil partnership has ended. However, an annulment declares that no valid marriage or civil partnership existed in the first place.

Nullity is different to a church annulment. A church annulment does not change your legal marital status.

The law in relation to nullity is complex. A decree of nullity will affect your legal rights and entitlements. You should get legal advice for your situation.

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Who grants an annulment

In Ireland, only the Circuit Court or High Court can grant a Decree of Nullity (also called a Decree of Annulment) if the legal grounds are met. An annulment cannot be made by agreement between the parties outside of court.

Types of annulment

Void marriages and civil partnerships

These are marriages or civil partnerships that were not valid from the start. For example, where one spouse was already married or in a civil partnership. The law treats these as never having taken place.

Voidable marriages

These were valid marriages from the start but qualify for a decree of annulment. For example, where one spouse was impotent. Once nullity is granted, the marriage is regarded as never having taken place.

Voidable civil partnerships do not exist in law.

Grounds for annulment

Marriages and civil partnerships can be annulled for a variety of reasons. These include:

Lack of capacity

• One person was already married or in a civil partnership
• The couple were too closely related
• One person was under 18
• The spouses were the same biological sex (for marriages before 16 November 2015)

Lack of consent

• Duress — being forced into the marriage
• Mistake, misrepresentation, or fraud
• Either person having a mental illness
• Either person being intoxicated

Formal requirements not followed

• Not giving a registrar at least three months’ notice to marry
• Not having a court exemption to shorten the notice period

Impotence (voidable marriage only)

One or both people were unable to consummate the marriage. Infertility or refusal to consummate is not enough — there must be incapacity for sexual intercourse.

Incapable of entering a relationship (voidable marriage only)

• Psychiatric illness
• Personality disorder
• Sexual orientation

What to consider after an annulment

An annulment legally ends your marriage or civil partnership. It may mean losing the rights you had as a married person or civil partner, but you are free to remarry.

Things to consider include how the annulment affects:

• Your property rights in the family home
• Your rights to your former spouse or partner’s estate
• Your right to apply for maintenance
• Your protection under domestic violence legislation
• Your custody or access rights for a dependent child
• Your eligibility for social welfare, tax credits, or reliefs such as mortgage relief
• Your financial settlement options compared to divorce, judicial separation, or dissolution