Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

PART 11

Nullity of Civil Partnership

107.

Grant of decree of nullity.

107.— On application to it in that behalf by either of the civil partners or by another person who, in the opinion of the court, has sufficient standing in the matter, the court may grant a decree of nullity if satisfied that at the time the civil partners registered in a civil partnership—

( a) either or both of the parties lacked the capacity to become the civil partner of the other for any reason, including—

(i) either or both of the parties was under the age of eighteen years,

(ii) either or both of the parties was already a party to a valid marriage, and

(iii) either or both of the parties was already registered in a relationship with another person which was entitled to be recognised as a civil partnership in the State in accordance with section 5 and which had not been dissolved,

( b) the formalities for the registration of the civil partnership were not observed,

( c) either or both of the parties did not give free and informed consent to the civil partnership registration for any reason, including—

(i) the consent was given under duress,

(ii) the consent was given under undue influence,

(iii) the party or parties did not intend, at the time of the registration, to accept the other as a civil partner in accordance with the law, and

(iv) either or both of the parties was unable to give informed consent, as attested by a consultant psychiatrist within the meaning of section 2(1) of the Mental Health Act 2001,

( d) the parties were within the prohibited degrees of relationship within the meaning of the Third Schedule to the Civil Registration Act 2004 (as inserted by section 26 of this Act), or

( e) the parties were not of the same sex.