When a marriage is declared null and void by a Civil Nullity Decree, a court is declaring that the couple were never legally married to one another and therefore are legally free to remarry.
The Irish courts have jurisdiction under the Family Law Act, 1995 to grant annulment, if and only if, one of the following requirements are satisfied;
- That either of the spouses concerned were resident in the state on the date of the institution of the proceedings concerned.
- The either of the spouses were ordinarily resident in the State throughout the period of one year ending on that date; and
- That either of the spouses died before that date (a) was at the time of death resident in the state, or (b) had been ordinarily resident in the state throughout the period of one year ending on that date.
The grounds upon which a marriage can be declared null and void include;
Non-observance of formalities (not satisfying the formal requirements for a valid marriage)
Lack of capacity (same sex couples, under eighteen, either party already married to another person)
Lack of consent (mental incapacity, intoxication, fraud, undue influence)