ABSTRACT
Nullity has its origins in ecclesiastical law and approaches the marriage on the basis that it is an imperfect marriage and should therefore be annulled rather than dissolved. Voidable marriages are ended by a decree under the law of nullity (ss 11-13 of the MCA 1973). Nullity may be used either to secure a freestanding nullity decree or in the alternative in a divorce petition in cases of factual overlap. Voidable marriages (which are valid until avoided) must be distinguished from void marriages, which are void from the start and need no decree, though one may be desirable for various reasons. A voidable marriage will always need a decree to annul it.
