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Nullity of  marriage is a declaration by the Courts that the marriage in question was not valid and therefore never existed.

Once a marriage is annulled both parties are free to marry. Neither party can claim maintenance from the other person or a legal right to share of the person's estate. It should be noted that the decree does not effect the rights either parties have in relation to their dependent children.

Church annulments have no legal standing.

There are five main grounds for Nullity in Ireland;

1. Impotence:

Impotence does not refer to ones ability to procreate but rather to their inability to perform the complete sexual act with the other person

2. Inability to form and sustain a normal relationship:

The ability can be inherent in either or both parties. It can be a general inability to form and sustain a normal relationship or it can be specific in relation to each other. Examples of what would constitute an inability to form and sustain a normal relationship include;

• One of the parties suffering from extreme immaturity at the time of the marriage.
• One of the parties suffering from a personality disorder at the time of the marriage which is unknown to the other party.

3. Absence of Consent

If a person did not give their full free informed consent it could lead to a Decree of Nullity being granted. Examples of this would include:

• A person being put under duress at the time of consenting to the marriage
• A person giving their consent under undue influence
• A person was was mentally incapable of consenting to the marriage

4. Non-Observation of Formalities

There are certain formalities which must be adhered to when a marriage takes place in order for it to be valid. If these formalities are not conformed to the marriage is not a valid subsisting marriage.

5.Lack of Capacity

This will occur if :

• One of the parties is already validly married to another at the time of the marriage
• Both of the parties are of the same sex
• If either party is under the age of eighteen and does not have court permission to marry