Section 12Part 0 —
Effect of certain decrees
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The effect of a decree of nullity in respect of a void marriage, or civil partnership, is declaratory that no marriage, or civil partnership, ever existed and the ceremony thereof was void ab initio.
The effect of a decree of nullity in respect of a marriage, or civil partnership, other than a void marriage, or civil partnership, is to annul the marriage, or civil partnership, with effect from the date of the decree and that every child who would have been the legitimate child of the parties if the marriage, or civil partnership, had been dissolved instead of being annulled shall be deemed to be their legitimate child notwithstanding the annulment.
The effect of a decree of presumption of death or of dissolution of marriage, or civil partnership, is to dissolve the marriage, or civil partnership, with effect from the date of the decree.
The effect of a decree of judicial separation is, while such separation subsists, that —
neither party may interfere with or molest the other; and
that the parties shall be deemed to be in mutual desertion of and absence from one another for the purpose of any future petition for dissolution of the said marriage, or civil partnership.
The Court shall postpone pronouncement of a decree under subsections (2) to (4) until it is satisfied that provision has been made for the custody and care of all the children of the marriage, or civil partnership, and that no application for any order for —
settlement of marital property;
financial provision;
periodic payments;
damages; or
costs,
remains outstanding.
Nothing in subsection (5) shall prejudice the right of either party at any time after the pronouncement of a decree to apply for a variation of any order made by the Court as hereinafter provided.