The question is: 'The law on nullity of marriage is not only complex, it is unnecessary. The concepts of void and voidable marriages could be easily abolished to leave questions of annulment to religious bodies.' Discuss.

• General remarks

This question requires you to address the assertions first that the law is complex, and second that it is unnecessary. Most candidates addressed the first part, but usually this was by reviewing the statute and concluding that it was sufficiently clear. Fewer candidates discussed the merits of abolishing the concept of nullity. Does divorce adequately deal with the issue? If not, why not? While the question suggests that nullity determinations could be left to religious bodies, answers should not focus only on this aspect without linking it to divorce or state interests.

• Law cases, reports and other references the examiners would expect you to use

MCA ss.11, 12 and 13, Hudson v Leigh, statistics on nullity petitions.

• A good answer to this question would...

discuss the rules regarding validity of marriage, void and voidable marriages and provide some explanation for why they exist. They would discuss the further complications arising with the concept of non-marriage. They would refer to MCA ss.11, 12, 13, differences between same sex and different sex marriages, case law on non-marriage and the low numbers of applications for annulment.

• Poor answers to this question...

did not go much beyond reviewing the MCA. They did not discuss the case law on non-marriages, for example, and did not see why there might be a question at all about abolishing (at least) voidable grounds, simply stating that the law was clear and just fine.