Family Law: Marriage

The far right hand boxes are for the sections of where these provisions are found.

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Last updated: February 25, 2026

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Formalities of a Valid Marriage
Formalities of a valid marriage	Notice	s.27 MA
	Registered venue	s.41 MA
	Authorised person	s.44(2) MA
	Witnesses	s.44(2) MA
	Registration	s.53D MA
Void Marriage Grounds
Void marriage grounds	Age	s.11(a)(ii) MCA
	Prohibited degrees	s.11(a)(i) MCA
	Bigamy	s.11(b) MCA
Two types of prohibited degree	Absolute
	Qualified
Where set out?	Schedule 1 MCA
Exceptions for qualified prohibition	Both 21
	Neither child of family

Voidable Marriage Grounds
Bars	Led to believe would not seek end
	Unjust
Section	s.13(1) MCA
Voidable grounds	Non-consummation
	Pregnant by third party	s.12(1)(f) MCA
	Lack of consent	s.12(1)(d) MCA
Types of non-consummation	Inability	s.12(1)(a) MCA
	Wilful refusal	s.12(1)(b) MCA
Types of lack of consent	Duress
	Mistake
	Unsoundness of mind
What can one apply for after?	Financial provision
Sections	ss.23-25 MCa