1. Nullity of marriage
Definition: a decree of nullity of marriage means that in the
eyes of the law a marriage never existed.
Ground for nullity:
Lack of capacity: parties where not capable of marring each
other.
Non-observance of certain formalities: for example not giving
three months’ notice to registrar of marriages.
Absence of consent: one of the parties did not give full free
and informed consent due to insanity drunkenness or being
under duress
Impotence: one of the parties for physical or physiological
reasons is unable to engage with others
Inability to form and sustain a normal material relationship:
this may be due to extreme immaturity.
Material breakdown:
1. Separation and divorce are more socially acceptable
2. Acquiring a divorce has become easier
3. Woman are more likely to be financially dependent
4. State assistance is available for lone parent family’s
5. There is a marked increase in the social problems
2. Grounds for divorce:
1. Spouses have lived apart for four or more years
2. There is no prospect of reconciliation
3. It is satisfied that adequate provision has been made for
spouses and dependent children