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Section 13: Bars to relief where marriage is voidable.

Matrimonial Causes Act 1973 · 1973 c. 18View on legislation.gov.uk

Part I: Divorce, Nullity and Other Matrimonial Suits

The court shall not make a nullity of marriage order on the ground that a marriage is voidable if the respondent satisfies the court—

that the applicant, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and
that it would be unjust to the respondent to make the order.

Without prejudice to subsection (1) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) , (f) or (h) of that section unless—

it is satisfied that proceedings were instituted within the period of three years from the date of the marriage, or
leave for the institution of proceedings after the expiration of that period has been granted under subsection (4) below.

Without prejudice to subsection (1) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the ground mentioned in paragraph (g) of that section unless it is satisfied that proceedings were instituted within the period of six months from the date of issue of the interim gender recognition certificate.

Without prejudice to subsections (1) and (2) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (e) , (f) or (h) of that section unless it is satisfied that the applicant was at the time of the marriage ignorant of the facts alleged.

In the case of proceedings for the making of a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) , (f) or (h) of that section, a judge of the court may, on an application made to him, grant leave for the institution of proceedings after the expiration of the period of three years from the date of the marriage if—

he is satisfied that the applicant has at some time during that period suffered from mental disorder within the meaning of the Mental Health Act 1983, and
he considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.

An application for leave under subsection (4) above may be made after the expiration of the period of three years from the date of the marriage.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.