Ending a Marriage

If you want to end a marriage completely, you have to obtain a decree of nullity of marriage which can only be given by a court. The ultimate effect of this order is that the marriage never existed in the eyes of the State.

 

What are the grounds for Nullity?

A court may grant a decree of nullity on the following grounds:

 

1. Lack of capacity - the people were not capable of marrying each other.

 

For example:

- one person was already married to someone else at the time of the marriage

- the people were of the same sex

- one person was under the age of 18 and did not have court permission.

 

2. Did not observe certain formalities

The people did not comply with a formal requirement relating to the ceremony. For example, persons planning to marry in Ireland must give the Register of Marriages three months notice of their intention to wed.

 

3. Absence of consent

One of the people involved did not give a full, free and informed consent.

 

For example:

- a person gave their consent to the marriage under duress, for example, serious threats.

- a person gave their consent to the marriage under influence, for example, pressure imposed by a parent.

- a person did not intend at the time of the marriage to fulfil a fundamental part of the contract, for example, one person intended not to have sexual relations with the other and this had not been agreed between them

- a person was insane at the time of the marriage and so was not capable of consenting to the marriage

 

4. Impotence

One of the people is unable to perform the complete sexual act with the other person. It is necessary to establish psychological or physical causes of impotence which are incurable, at least with regard to the third person.

 

5. Inability to form and sustain a normal marital relationship

This might be established where for example,

- one person, unknown to the other, was suffering from manic depression or schizophrenia at the time of the marriage.

- one person suffered from extreme immaturity at the time of the marriage

- one person to the marriage was homosexual

 

What is the effect of a decree of nullity being granted?

- the people are free to marry

- neither person can claim maintenance as a spouse from the other person

- the decree does not affect the rights of the people' dependent children

- neither person can claim a legal right to share in the estate of the other person

 

Church Annulments

A church annulment has no legal standing. Where a person remarries within a church, the law will not recognise that marriage unless a decree of divorce or a decree of nullity was granted in respect of the first marriage.

It is illegal to be married to more than one person and person who does so, may be prosecuted for bigamy. Where a second marriage is not valid, the people:

- are not treated as being married for the purpose of social welfare payments

- cannot make a claim against the estate of the other (although they could make provision for each other in a will)

- cannot seek maintenance against each other.

If an invalid marriage breaks down, the people do not have the protection that the law gives to spouses. However, the people may be entitled to avail of domestic violence legislation.