NULLITY
2020 ZB Q1
Aurora and Boris got married in Averley Anglican Church earlier this year. At the time of the
ceremony the priest, Colm, was unable to conduct the ceremony because he had been struck by a
sickness bug. As a result, his identical twin, Deren, who is a schoolteacher, officiated and none of the
guests realised that Colm was absent. At the time of the ceremony Eva had wanted to object to the
marriage believing Boris was already married to her but was unable to gain entry into the church
because the door had been closed in such a way that it could only be opened from the inside. At the
time of the marriage Aurora was actually in love with Gareth but married Boris because her family
said that they would punish her if she did not marry Boris. Just before the wedding Boris discovered
he was impotent and, therefore, the couple has been unable to have sexual intercourse. Boris has
just discovered that when he married Aurora, she was pregnant with Gareth’s child. Advise Boris as
to the validity of the marriage. How might your answer differ if Boris was not impotent but he
believed it was better to wait for four years after marrying Aurora before engaging in sexual
intercourse with her because only then would he truly know Aurora and be able to commit to her
completely?
2017 ZA/B Q6
George and Henry fell in love last year while they were members of 'The Fellowship', a group of
Druids living near Stonehenge. Last week they went through a marriage ceremony performed by a
Druid priest in the company of other members of the Fellowship in a tent in a field outside
Stonehenge. Yesterday, a man called Ian came to the Fellowship demanding to see Henry. He said,
‘Henry, what is going on here? What about me?’ He held out a document that appeared to show he
had entered into a civil partnership with Henry in 2015. Henry said, ‘Oh Ian, you know we only went
through that ceremony so that you could stay in the country. You said you'd never contact me again
after that day. And besides, you gave me no choice. You said you’d tell my family about our
arrangement and you knew they would disown me if they knew.’ Henry now comes to you
concerned about his marital status. He tells you that he and Ian never lived together or even
consummated their partnership and so it cannot possibly be valid, but he wants to bring an
application to annul it, just to be sure. He also tells you that Ian will likely defend that application as
he has always suffered from a mental disorder and will do anything he can to undermine his
(Henry’s) marriage to George. Advise Henry. How, if at all, would your answer differ if Henry used to
be Holly and only began living as Henry in 2015, six months before his ceremony with Ian?
2016 Oct Q1
Kiki is due to marry Quentin. On her wedding day Kiki discovers she is pregnant by Quentin’s best
friend Richard. Kiki, nevertheless, decides to go through with the marriage because Quentin is very
wealthy and he has promised to look after her. Yarek, the registrar who was due to marry the
couple, has come down with food poisoning and so sends his brother Zak to officiate the wedding.
The couple arrive at the stately home where they were due to get married to discover that it has
burnt down the night before. The wedding planner, Deirdra, decides to move the wedding to her
friend’s Lodge next door but tells the couple that the door must be locked because otherwise the
windows all rattle and no one can hear what is being said. Zak officiates at the ceremony in the
Lodge but just before Kiki says ‘I do’ she starts to feel guilty about her pregnancy and hesitates. Kiki’s
father Stanley says to her, in Quentin’s hearing, ‘either you marry Quentin or I will personally ensure
that your family never speak to you again.’ Kiki continues and she and Quentin are declared husband
and wife. At the reception Quentin overhears a drunken Richard telling everyone that Kiki is
pregnant with his child. Quentin realizes he has made a mistake in marrying Kiki and so decides he
wants to bring his marriage to an end. Advise Quentin.
1
, 2015 Oct Q1
In September 2015, Fiona and Guy were married at a local hotel. Fiona is 78-years-old and very
wealthy. Guy is 23-years-old and recently came to the UK and worked as Fiona’s gardener for three
months before the marriage. Guy was married in his home country but cannot remember if he ever
properly divorced his previous wife. On the day of the ceremony, Fiona was observed to be in a very
frail state and was pushed around in a wheelchair by Hilary, her nurse. Fiona had taken a variety of
strong medicines and was rather drowsy. Fiona also had to be reminded by Hilary what to say at
various points during the ceremony. Fiona’s son by a previous marriage, Isaac, had attempted to get
to the ceremony to check that it was carried out properly but he was refused admission by a hotel
employee on the grounds that it was a “private occasion”. After the ceremony, Fiona retired to bed.
A few hours later, Isaac found Guy and Hilary having sexual intercourse in one of the hotel
bedrooms. Isaac attacked Guy, who fled. When Fiona was told what had happened, she suffered a
seizure and went into a coma. When Isaac was told that Fiona was unlikely to regain consciousness,
he threatened to take steps to have her marriage to Guy cancelled. Furthermore, Guy’s leave to
remain in the country has been challenged by the Immigration Services. Guy will only be entitled to
remain if he has married Fiona. Advise Guy as to the validity of his marriage.
DIVORCE
2018 ZA (with DV) Q3
Alma and Bennie were married for 10 years before they separated six months ago after Bennie
struck Alma across the face. They have one child, Cindy aged nine, who lives with Alma in the former
family home. Since the separation, and because Bennie and Cindy were close, Cindy has been seeing
Bennie every other weekend. Last weekend, after one of her visits with Bennie, Cindy returned
home crying and with a bruise on her wrist. She said that Bennie had smacked her and twisted her
wrist when she reached for the toast at breakfast. Cindy told Alma that she has been afraid of
Bennie during her last few visits. He has been drinking a lot and this was not the first time he had
smacked her. When Alma phoned Bennie to discuss the situation, he shouted at her and said that
what happened to Cindy was Alma’s fault because she should not have kicked him out of his house.
He said that he wanted to move back in and that if Alma did not let him, both she and Cindy ‘would
be sorry’. Alma is now afraid for both her own and Cindy's safety, particularly since she has seen
Bennie outside the house on three occasions this week. Alma now wishes to proceed with a divorce
from Bennie. She wants your advice regarding her divorce and also whether she can take any steps
to protect herself and Cindy from Bennie.
2018 ZB Q8
Sophie and Tim have been married for five years. Over the last few months, Sophie has noticed that
Tim has started going to bed much earlier than normal, without her. They went to a friend’s birthday
party and Tim left, by himself, at 9pm, after making snide comments about Sophie’s outfit. Sophie
says their friends found this strange, and she felt embarrassed. Tim has also declined to go on their
usual Friday night dates on a number of occasions over the last couple of months, refusing to say
more than that he is tired or has had a difficult week at work. She is very hurt by Tim’s behaviour and
does not understand why he appears to be withdrawing from her. Tim, meanwhile, is aware that
Sophie has been having an affair with John, a colleague from her work for the last year. Although he
has known about it since the affair started, he wishes now to end his marriage with Sophie. Explain
whether and on what grounds Tim and Sophie can obtain a divorce.
2
2020 ZB Q1
Aurora and Boris got married in Averley Anglican Church earlier this year. At the time of the
ceremony the priest, Colm, was unable to conduct the ceremony because he had been struck by a
sickness bug. As a result, his identical twin, Deren, who is a schoolteacher, officiated and none of the
guests realised that Colm was absent. At the time of the ceremony Eva had wanted to object to the
marriage believing Boris was already married to her but was unable to gain entry into the church
because the door had been closed in such a way that it could only be opened from the inside. At the
time of the marriage Aurora was actually in love with Gareth but married Boris because her family
said that they would punish her if she did not marry Boris. Just before the wedding Boris discovered
he was impotent and, therefore, the couple has been unable to have sexual intercourse. Boris has
just discovered that when he married Aurora, she was pregnant with Gareth’s child. Advise Boris as
to the validity of the marriage. How might your answer differ if Boris was not impotent but he
believed it was better to wait for four years after marrying Aurora before engaging in sexual
intercourse with her because only then would he truly know Aurora and be able to commit to her
completely?
2017 ZA/B Q6
George and Henry fell in love last year while they were members of 'The Fellowship', a group of
Druids living near Stonehenge. Last week they went through a marriage ceremony performed by a
Druid priest in the company of other members of the Fellowship in a tent in a field outside
Stonehenge. Yesterday, a man called Ian came to the Fellowship demanding to see Henry. He said,
‘Henry, what is going on here? What about me?’ He held out a document that appeared to show he
had entered into a civil partnership with Henry in 2015. Henry said, ‘Oh Ian, you know we only went
through that ceremony so that you could stay in the country. You said you'd never contact me again
after that day. And besides, you gave me no choice. You said you’d tell my family about our
arrangement and you knew they would disown me if they knew.’ Henry now comes to you
concerned about his marital status. He tells you that he and Ian never lived together or even
consummated their partnership and so it cannot possibly be valid, but he wants to bring an
application to annul it, just to be sure. He also tells you that Ian will likely defend that application as
he has always suffered from a mental disorder and will do anything he can to undermine his
(Henry’s) marriage to George. Advise Henry. How, if at all, would your answer differ if Henry used to
be Holly and only began living as Henry in 2015, six months before his ceremony with Ian?
2016 Oct Q1
Kiki is due to marry Quentin. On her wedding day Kiki discovers she is pregnant by Quentin’s best
friend Richard. Kiki, nevertheless, decides to go through with the marriage because Quentin is very
wealthy and he has promised to look after her. Yarek, the registrar who was due to marry the
couple, has come down with food poisoning and so sends his brother Zak to officiate the wedding.
The couple arrive at the stately home where they were due to get married to discover that it has
burnt down the night before. The wedding planner, Deirdra, decides to move the wedding to her
friend’s Lodge next door but tells the couple that the door must be locked because otherwise the
windows all rattle and no one can hear what is being said. Zak officiates at the ceremony in the
Lodge but just before Kiki says ‘I do’ she starts to feel guilty about her pregnancy and hesitates. Kiki’s
father Stanley says to her, in Quentin’s hearing, ‘either you marry Quentin or I will personally ensure
that your family never speak to you again.’ Kiki continues and she and Quentin are declared husband
and wife. At the reception Quentin overhears a drunken Richard telling everyone that Kiki is
pregnant with his child. Quentin realizes he has made a mistake in marrying Kiki and so decides he
wants to bring his marriage to an end. Advise Quentin.
1
, 2015 Oct Q1
In September 2015, Fiona and Guy were married at a local hotel. Fiona is 78-years-old and very
wealthy. Guy is 23-years-old and recently came to the UK and worked as Fiona’s gardener for three
months before the marriage. Guy was married in his home country but cannot remember if he ever
properly divorced his previous wife. On the day of the ceremony, Fiona was observed to be in a very
frail state and was pushed around in a wheelchair by Hilary, her nurse. Fiona had taken a variety of
strong medicines and was rather drowsy. Fiona also had to be reminded by Hilary what to say at
various points during the ceremony. Fiona’s son by a previous marriage, Isaac, had attempted to get
to the ceremony to check that it was carried out properly but he was refused admission by a hotel
employee on the grounds that it was a “private occasion”. After the ceremony, Fiona retired to bed.
A few hours later, Isaac found Guy and Hilary having sexual intercourse in one of the hotel
bedrooms. Isaac attacked Guy, who fled. When Fiona was told what had happened, she suffered a
seizure and went into a coma. When Isaac was told that Fiona was unlikely to regain consciousness,
he threatened to take steps to have her marriage to Guy cancelled. Furthermore, Guy’s leave to
remain in the country has been challenged by the Immigration Services. Guy will only be entitled to
remain if he has married Fiona. Advise Guy as to the validity of his marriage.
DIVORCE
2018 ZA (with DV) Q3
Alma and Bennie were married for 10 years before they separated six months ago after Bennie
struck Alma across the face. They have one child, Cindy aged nine, who lives with Alma in the former
family home. Since the separation, and because Bennie and Cindy were close, Cindy has been seeing
Bennie every other weekend. Last weekend, after one of her visits with Bennie, Cindy returned
home crying and with a bruise on her wrist. She said that Bennie had smacked her and twisted her
wrist when she reached for the toast at breakfast. Cindy told Alma that she has been afraid of
Bennie during her last few visits. He has been drinking a lot and this was not the first time he had
smacked her. When Alma phoned Bennie to discuss the situation, he shouted at her and said that
what happened to Cindy was Alma’s fault because she should not have kicked him out of his house.
He said that he wanted to move back in and that if Alma did not let him, both she and Cindy ‘would
be sorry’. Alma is now afraid for both her own and Cindy's safety, particularly since she has seen
Bennie outside the house on three occasions this week. Alma now wishes to proceed with a divorce
from Bennie. She wants your advice regarding her divorce and also whether she can take any steps
to protect herself and Cindy from Bennie.
2018 ZB Q8
Sophie and Tim have been married for five years. Over the last few months, Sophie has noticed that
Tim has started going to bed much earlier than normal, without her. They went to a friend’s birthday
party and Tim left, by himself, at 9pm, after making snide comments about Sophie’s outfit. Sophie
says their friends found this strange, and she felt embarrassed. Tim has also declined to go on their
usual Friday night dates on a number of occasions over the last couple of months, refusing to say
more than that he is tired or has had a difficult week at work. She is very hurt by Tim’s behaviour and
does not understand why he appears to be withdrawing from her. Tim, meanwhile, is aware that
Sophie has been having an affair with John, a colleague from her work for the last year. Although he
has known about it since the affair started, he wishes now to end his marriage with Sophie. Explain
whether and on what grounds Tim and Sophie can obtain a divorce.
2
