Section 75 of Marriage Act CAP 150: Effect of a decree of annulment

    

The parties to a marriage which has been annulled by decree absolute of the court shall be deemed never to have been married but a decree of annulment shall not—
(a) render lawful anything which was done unlawfully during the marriage or render unlawful anything which was done lawfully during the marriage; or
(b) affect the competence of either of the parties as a witness in respect of anything done or omitted to be done, or any privilege in respect of communications between them, during the— (i) marriage; or
(ii) relieve either party of any debt properly incurred on behalf of the other during the marriage.


Disclaimer: This document is not to be taken as legal advise.

Enhance Your Research with Bookmarks and Annotations

Here's how you can use these features:

  • To bookmark this page, click the "Bookmark this Page" button below the document title.
  • To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
  • These features are great for organizing your research and keeping track of key information.
  • You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.

Cited By:



More Sections


  • Section 76 - Effect of a promise to marry

    Except as provided in this section a promise by a person to marry another person is not binding.

  • Section 77 - Grounds for order of maintenance

    (1) The court may order a person to pay maintenance to a spouse or a former spouse— (a) if the person has refused or neglected to provide for the spouse or former spouse as required by this...

  • Section 78 - Lapsing of maintenance

    Except where an order for maintenance of a spouse is expressed to be for any shorter period or where any such order has revoked and subject to section 79, the order shall lapse— (a) if the...

  • Section 79 - Termination of an order of maintenance

    An order of maintenance shall lapse upon the remarriage of the beneficiary of the order.

  • Section 80 - Revocation and variation of an order for maintenance

    (1) The court may revoke or vary a subsisting order for maintenance of any kind, whether secured or unsecured, if it is satisfied that the order was based or obtained as the result of any...

  • Section 81 - Assessment of maintenance

    Maintenance payable to a person under an order of the court shall not be assigned or transferred or liable to be attached, sequestrated or levied upon for, or in respect of, any debt or claim.

  • Section 82 - Recovery of maintenance arrears

    (1) Despite any other period of limitation prescribed by the Limitation of Actions Act (Cap. 22), no instalment of maintenance shall be recoverable in proceedings instituted after a period of three...

  • Section 83 - Compounding of maintenance

    (1) The court may, if it is satisfied that a disposition of property has been made by the spouse or former spouse of the person by or on whose behalf the application is made, within the preceding...

  • Section 84 - Other relief

    (1) The court may order a party to refrain from molesting a spouse or former spouse. (2) No proceedings may be brought to compel one spouse to cohabit with the other, but a spouse who alleges that he...

  • Section 85 - Order concerning children

    Custody and maintenance of children shall be dealt with in accordance with the Children Act (Cap. 141) and any other written law relating to children.

  • Section 86 - False statement in the notice of intention to marry or notice of objection

    (1) Any person who, in a notice of intention to marry under section 25 or notice of objection to an intended marriage under section 28, makes a false statement commits an offence and shall on...

  • Section 87 - Marriage to a person under minimum age

    Any person who marries a person who is below the minimum age commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or a fine not exceeding one...

  • Section 88 - Marriage of persons within prohibited marriage relationship

    (1) A party to a purported celebration of a marriage where the parties are within a prohibited marriage relationship commits an offence and shall on conviction be liable to imprisonment for a term not...

  • Section 89 - Coercion, fraud, etc.

    A party to a ceremony purporting to be a marriage, who at the time, knows or has reason to believe that the consent of the other party was induced by coercion or fraud or by a mistake as to the nature...

  • Section 90 - Ceremony performed by unauthorized person

    A person who celebrates a union purporting to be a marriage and who at the time of the ceremony is not authorised to do so commits an offence and shall on conviction be liable to imprisonment for a...

  • Section 91 - Absence of witnesses

    A person who celebrates a union purporting to be a marriage at which the required witnesses are not present commits an offence and shall on conviction be liable to imprisonment for a term not...

  • Section 92 - Offence relating to the celebration or witnessing of a union

    (1) A person commits an offence if that person celebrates or witnesses a union purporting to be a marriage where that person knows or should know that— (a) at least one party is below the age of...

  • Section 93 - Celebration of other marriages

    (1) A marriage recognised under section 6 may be celebrated in accordance to the rules made by the Cabinet Secretary. (2) The Cabinet Secretary may make rules for the celebration of any marriage.

  • Section 94 - Provisions on delegated powers

    (1) The Cabinet Secretary may make regulations for the better carrying into effect of this Act. (2) Despite subsection (1), regulations may provide for— (a) forms to be used and fees to be paid in...

  • Section 95 - Rules

    The Rules Committee established under the provisions of the Civil Procedure Act (Cap. 21) may make rules regulating court practice or procedure under this Act.

  • Section 96 - Transitional Provisions

    (1) A person who, immediately before the date of commencement of this Act, was a Registrar of Marriages under the Marriage Act (Repealed) or the African Christian Marriage and Divorce...

  • Section 98 - Savings

    (1) A subsisting marriage which under any written or customary law hitherto in force constituted a valid marriage immediately before the coming to force of this Act is valid for the purposes of this...