An application under this Act for a decree
of nullity of marriage shall be based on the ground that the marriage is void.
(3) Pending proceedings for a decree
of nullity of marriage on the ground that the marriage is void or proceedings of a kind referred to in paragraph (b) of the definition of matrimonial cause in subsection 4 (1) may be continued and shall be dealt with as if they were proceedings instituted under this Act.
The following sub-section provided that: «Nothing in this section shall affect the powers of any court to grant a decree
of nullity of marriage.»
Not exact matches
The document goes on to say that if, during the discernment process between a priest and a couple, the priest has a «reasonable doubt» about the validity
of the first
marriage, then the priest should advise the couple to seek a declaration
of nullity.
If she thought she could make the case, Elizabeth must initiate a petition for a declaration
of nullity of each
of her prior
marriages.
Based upon this observation, the cardinal makes two proposals: a more generous widening
of the procedures for investigating the
nullity of marriages and, invoking the criteria
of mercy, a dispensation to allow, in certain cases,...
An assumption
of nullity should not be automatic: on the contrary, the reverse should be the case: God is good, and
marriage is his original plan.
Based upon this observation, the cardinal makes two proposals: a more generous widening
of the procedures for investigating the
nullity of marriages and, invoking the criteria
of mercy, a dispensation to allow, in certain cases, the divorced and remarried to receive Holy Communion.
There are three main grounds on which
nullity can be based and they are given in Canon 1095
of the Code
of Canon Law, which states that the following are incapable
of contracting
marriage:
An exception to this rule is permitted in the case
of nullity proceedings, legal separation, or same - sex
marriage.
It found that s 23 and s 24
of MCA 2005 were governed by s 21 (1) to state that these provisions are for the purpose
of «adjusting the financial position
of the parties to a
marriage and any children
of the family in connection with proceedings for divorce,
nullity of marriage or judicial separation», and was clearly intended to assist (living) parties to the
marriage.
A Singapore court that grants a judgment
of divorce, judicial separation or
nullity of marriage, has the power to order division between the parties
of any matrimonial asset or the sale
of any such asset and the division between the parties
of the proceeds
of the sale
of any such asset «in such proportions as the court thinks just and equitable.»
In proceedings for
nullity of marriage on the ground that the
marriage is void or voidable, the court may, nonetheless, grant the relief sought where both parties to a
marriage reside in Singapore at the time
of the commencement
of the proceedings.
Singapore courts shall have jurisdiction to hear proceedings for divorce, presumption
of death and divorce, judicial separation or
nullity of marriage only if either
of the parties to the
marriage is (a) domiciled in Singapore at the time
of the commencement
of the proceedings; or (b) habitually resident in Singapore for a period
of 3 years immediately preceding the commencement
of the proceedings.
While this
marriage never legally existed, you should still seek a formal judgment
of nullity that is then entered into the public record.
That the
Nullity of Marriage Act 1971 had intentionally brought about a fundamental shift in the law relating to
marriages vitiated by an absence
of consent was illustrated by Roberts, Re, Roberts v Roberts [1978] 3 All ER 225.
Thus the combined effect
of those provisions was to ensure that the only route to a judicial conclusion that a
marriage was void at its inception was a petition for
nullity.
The combined effect
of s 12
of the Matrimonial Causes Act 1973 (MCA 1973) and ss 55 to 58
of the Family Law Act 1986 (FLA 1986) is to ensure that the only route to a judicial conclusion that a
marriage was void at its inception is a petition for
nullity.
It also introduced new grounds for
nullity of marriage, including wilful refusal to consummate and other grounds which have been carried through into the current legislation.
•
Nullity of marriage (which is very rarely granted and only in specific circumstances such as bigamy or mental incapacity).
NDNH (National Directory
of New Hires) Necessaries Negative Statute Neglect Negotiated Settlement Net Estate Net Income Nolle Prosequi Non Compos Mentis No - Fault Divorce Non-Custodial Parent Non Obstante Verdicto Notarize Notary Public Notice
of Hearing Nulla Bona
Nullity of Marriage Nuptial
means a decree, not being a decree
of dissolution or
nullity of marriage or for a judicial separation, having the effect
of relieving a party to a
marriage from any obligation to cohabit with the other party to the
marriage.