Nullity, in family law relates to nullity of marriage and nullity of civil partnership.
Nullity of marriage (civil nullity or civil annulment) is a legal declaration by the court which states that although two people went through a marriage ceremony, their marriage never actually existed in the eyes of the law or the State. There are two types of marriages that may be annulled or cancelled - void marriages and voidable marriages. A void marriage is considered to have never taken place. A voidable marriage is considered to be a valid marriage until a decree of anulment is made.
Nullity of civil partnership is a legal declaration by a court that although two people went through a civil partnership ceremony, their civil partnership is null and void, and that no valid civil partnership exists. In nullity of civil partnerships, there are only void civil partnerships.
Making an application to annul a marriage/civil partnership
Applications can be made to the Circuit Court or the High Court. The law in relation to nullity is complex. It may be necessary to get legal advice to establish whether the circumstances for nullity exist.
S.I. No. 510 of 2001, Circuit Court Rules, 2001
Form 2N: Family Law Civil Bill (for nullity of marriage)
Form 2S: Civil Partnership Civil Bill (for nullity of civil partnership)
Form 37L: Summons to attend case progression hearing
Form 37N: Case progression questionnaire
S.I. No. 510 of 2001:Circuit Court Rules, 2001 - Order 59
S.I. No. 312 of 2007: Circuit Court Rules (General), 2007
S.I. No. 15 of 1986: Superior Court Rules