Section 12 — Matrimonial Causes Act 1973: Grounds on which a marriage is voidable.

Grounds on which a marriage is voidable. 12 1 A marriage celebrated after 31st July 1971 , other than a marriage to which section 12A applies, shall be voidable on the following grounds only, that is to say—

a that the marriage has not been consummated owing to the incapacity of either party to consummate it;

b that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it;

c that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;

d that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage;

e that at the time of the marriage the respondent was suffering from venereal disease in a communicable form;

f that at the time of the marriage the respondent was pregnant by some person other than the petitioner. g that an interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage;

h that the respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004.

2 Paragraphs (a) and (b) of subsection (1) do not apply to the marriage of a same sex couple.