Nullity / Originating Summons

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Nullity / Originating Summons

I have been married for a 1-2 years only. I need to end this marriage. What should I do?

Administratively parties can only file Divorce after 3 years from date of marriage Section 94(1) of Women’s Charter.

If parties need to end the marriage early there are only 2 ways.


Nullity is difference from divorce. There are many grounds for nullity but the most common ground is “wilful refusal of consummation” on the part of the other party.

Section 94(2) of Women’s Charter 353 states that if you wish to file for Divorce before the 3 years is up, you need to show “extreme hardship” in the marriage.

To proceed on this ground the spouse must show “extreme hardship”. (S 94(2), WC). in the marriage. That he/she has to end marriage immediately and cannot wait for 3 years to expire. Our lawyers are able to advice on the test for “exceptional hardship”as we have made applications for our clients under this section. You can call for a free consult on the success rate of this applications.

If you are facing issues relating to your marriage and are not sure what avenues you can avail yourself of to exit your marriage, do not hesitate to contact us. We have a myriad of experience in this process.