|Valerie Ingram LLB |BIRMINGHAM |Tel: 0121 230 4932 |
|Nishad Lochee LLB |B2 5DS |Fax: 0121 230 4933 |
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Our ref: VL /CDG/PERCY
25 January 2012
Mrs Margo Percy
13 Cranberry Way
BIRMINGHAM
B12 9YU
Dear Mrs Percy
I am writing with regard to your letter which I received yesterday. I have given you some information which you may find useful.
An annulment is when a marriage can be declared “null and void” but only if you can show a reason for your marriage to be voidable. This is different from a marriage which was void from the outset. The parties petition for nullity and the court will award a decree of nullity, once effected both the parties will be free to remarry.
A voidable marriage is a marriage which has taken place but it can be set aside only if you have evidence that one of the grounds of nullity exists. This can brought to an end by one party by application to a court for a nullity order.
The grounds on which a petition of nullity can be based on are under section 12 Matrimonial Causes Act 1973 and are: • Lack of consummation due to wilful refusal (SINGH v SINGH 1971) • Lack of consummation due to incapacity • One party has not given their full consent to the marriage • One party has a sexual disease- at the time of the marriage one party had a venereal disease in a communicable form which the petitioner was aware of. • A female is pregnant by another man