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 to or civil union with the other party; or

(iii)

the parties to the marriage are within the prohibited degrees of relationship set out in Schedule 2 of 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) 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 the 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)

Section 31 heading: amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

Section 31(1): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

Section 31(1)(a): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

Section 31(1)(a)(i): replaced, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).

Section 31(1)(a)(ii): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

Section 31(1)(a)(iv): inserted, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).

Section 31(1)(b): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

Section 31(1)(b): amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).

Section 31(1)(c): inserted, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).

Section 31(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 31(2): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).