Section 31 — Family Proceedings Act 1980: Grounds on which marriage or civil union void

31 Grounds on which marriage or civil union void (1) A marriage or civil union that is governed by New Zealand law shall be void ab initio (whether or not an order has been made declaring the marriage or civil union to be void) only where— (a) In the case of a marriage or civil union that is governed by New Zealand law so far as it relates to capacity to marry— (i) at the time of the solemnisation of the marriage or civil union, either party was already married or in a civil union; or (ii) By reason of duress, mistake, or insanity, or for any other reason, there was at the time of the marriage or civil union an absence of consent by either party to marriage or civil union to the other party; or (iii) The parties to the marriage are within the prohibited degrees of relationship set out in Schedule 2 to the Marriage Act 1955 , and no order is in force under section 15(2) of that Act dispensing with the prohibition; or (iv) the parties to the civil union are within the prohibited degrees of civil union set out in Schedule 2 of the Civil Union Act 2004 , and no order is in force under section 10 of that Act dispensing with the prohibition; or (b) In the case of a marriage or civil union that is governed by New Zealand law so far as it relates to the formalities of marriage or civil union, the parties knowingly and wilfully married without a marriage or civil union licence, or in the absence of a marriage or civil union celebrant or Registrar of Marriages, in contravention of the Marriage Act 1955 ; or. (c) in the case of a civil union that is governed by New Zealand law so far as it relates to the formalities of civil union, the parties knowingly and wilfully entered into a civil union without a licence, or in the absence of a Registrar (as defined in section 3 of the Civil Union Act 2004 ) or civil union celebrant, or otherwise than in accordance with the rules and procedures of an exempt body (as also defined in section 3 of that Act). (2) Nothing in subsection (1) of this section shall affect the law as to the validity in New Zealand of a marriage or civil union that is not governed by the law of New Zealand, or the jurisdiction of a Family Court to make an order declaring any such marriage or civil union to be void ab initio . Compare: 1963 No 71 s 7(1), (2) The heading to section 31 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Section 31 (except subpara (1)(a)(iii)) was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” wherever it appears. Subsection (1)(a)(i) was substituted, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102). Subsection (1)(a)(iv) was inserted, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102). Subsection (1)(b) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the expression “ 1955; or ” for the expression “ 1955. ” . Subsection (1)(c) was inserted, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102).