Section 3 Matrimonial Causes Act 1970

Section 3 of the Matrimonial Causes Act 1970 is about Void marriages and prohibited degrees of consanguinity. It provides as follows:

(1) Subject to the provisions of this section, a marriage that takes place after the commencement of this Act is void in any of the following cases but not otherwise, that is to say, where-
(a) either of the parties is, at the time of the marriage, lawfully married to some other person;

(b) the parties are within the prohibited degrees of consanguinity or, subject to section 4 of this Act, of affinity;

(c) the marriage is not a valid marriage under the law of the place where the marriage takes place, by reason of a failure to comply with the requirements of the law of that place with respect to the form of solemnisation of marriages;

(d) the consent of either of the parties is not a real consent because- (i) it was obtained by duress or fraud; or (ii) that party is mistaken as to identity of the other party, or as to the nature of the ceremony performed; or (iii) that party is mentally incapable of understanding the nature of the marriage contract;

(e) either of the parties is not of marriageable age.

(2) The prohibited degrees of consanguinity and affinity respectively on and after the commencement of this Act shall be those set out in the First Schedule to this Act, and none other.

(3) A marriage solemnised before the commencement of this Act shall not be voidable on the grounds of consanguinity or affinity of the parties unless the parties were, at the time of the marriage, within one of the degrees of consanguinity or affinity set out in the First Schedule to this Act but nothing in this subsection shall make voidable a marriage that would not, apart from this provision, be voidable.

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