ABSTRACT
Unlike void marriages, which can never be valid whatever the parties wish (see Chapter 2), voidable marriages present a practical alternative to divorce (ie, of ‘annulment’ under the law of nullity, pursuant to ss 12 and 13 of the Matrimonial Causes Act (MCA) 1973). This remedy has not been much used of late since the categories of persons whose religious objections to divorce used to favour nullity seem to have shrunk in recent years. Moreover, nullity has never been obtainable via the Special Procedure, under which divorces are granted without a hearing (see 11.6, below). This is a likely discouragement to seeking an annulment instead of divorce in many cases.
