... of England and Wales if either party was domiciled in England or Wales at the time. A voidable marriage also has to meet certain criteria and this is set out in section 12 of the MCA. The grounds for voidable marriage are clear and include the non consummation due to incapacity ( Petitt v Pettit)6 by either party or indeed wilful refusal by either party to consummate(Horton v Horton)7. If either party did not give valid consent due to duress( Hirani v Hirani8, H v H9, Szechter(otherwise Karsov) v Szechter)10 or mistake or was suffering from a mental disorder( Bennett v Benett)11 within the denotation of the Mental Health Act (1983)12 that would make them unfit for marriage. Voidable issues also included the issue of either party having a venereal disease at the time of marriage and lastly if the respondent was pregnant at the time of marriage with a baby ...

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