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Annulment of Marriage - Marriage Solicitors

If you are considering an annulment, it is advised that you speak to a solicitor to discuss your options. At Forbes, our divorce solicitors can help guide you through the annulment process with expert and straightforward advice.

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If you are looking to end your marriage through annulment, our experienced family law solicitors are here to provide you with expert legal guidance. We understand that every annulment case is unique, and we work closely with our clients to ensure that their individual needs are met. We are committed to achieving the best possible outcome for our clients in an efficient and cost-effective manner.

What is Annulment of Marriage?

Annulment of marriage is a legal procedure that cancels a marriage, making it as if it never took place. Annulment is different from divorce as it declares the marriage void, rather than ending a legally valid marriage. In the UK, annulments are granted under specific circumstances, such as if one spouse was already married, if the marriage was not consummated, or if one spouse was forced into the marriage.

As with divorce, an annulment is a means to end a marriage, however, unlike divorce, you don't have to wait a year and can annul a marriage any time after the wedding.

In order to annul a marriage, you either need to prove that the marriage was not valid in the first place or that is has become substantially flawed or defective.

Reasons a marriage is considered invalid or 'void' can include:

If one or both parties are under the age of 16
If you discover that you and your partner are closely related
If one party was already married or in a civil partnership at the time of the wedding

Reasons a marriage may have become substantially flawed may include:

If the marriage wasn't consummated (although this doesn't apply to same-sex couples)
If one or both parties did not consent to the marriage or was forced into it
If one party had a sexually transmitted disease at the time of the wedding
If the woman was pregnant by another man at the time of the wedding

There are two types of annulments; a legal and religious annulment. Under the Catholic Church, you can get an annulment through a church tribunal and an annulment of marriage can be given by a local bishop. Typical reasons for a religious annulment include adultery at the time of the marriage, abortion, or one half of the couple lacking religious faith. If an annulment is granted, then any second marriages will be recognised by the church. It is important to remember that a religious annulment is not a legal one. To ensure that all ties are severed, and that the marriage is no longer recognised under law, you must also obtain a legal marriage annulment. A religious annulment is not recognized in English law.

A legal annulment falls into two categories:

Void
Voidable

A void marriage will be, in theory, treated as though it never happened. Therefore, you don't have to seek an annulment from the Court. However, we would always recommend doing so as it may cause problems if you wish to remarry in future. In a voidable marriage, the marriage is still valid until a Decree of Nullity is granted by the Court.

How to annul a marriage?

A marriage can be annulled if it is void or voidable. A void marriage is one that was never legally valid, such as if one or both parties were already married or if they are closely related. A voidable marriage is one that can be legally ended due to certain circumstances, such as if one party was forced into the marriage or if one party was not of sound mind at the time of the marriage. To annul a marriage, an application must be made to the court.

If you want to annul a marriage, you must first fill in a nullity petition, which your solicitor can help you with. You then need to send two copies of this to your nearest divorce Court and pay the fee.

Once you have done this, the other party has eight days to respond to your nullity petition, to let the Court know whether or not they agree that the marriage should be annulled. If they agree, you can then fill in an application for a 'decree nisi' and a statement in support of annulment, which confirms that what you said in your nullity petition is true. Again, your solicitor will be able to help you with this.

Finally, six weeks after you get your decree nisi, you can apply for a decree absolute, which is the final legal document stating that the marriage has been legally annulled.

If you are considering an annulment, it is advised that you speak to a solicitor to discuss your options.

Can a marriage be annulled if not consummated?

Yes, a marriage can be annulled if it has not been consummated. Under UK law, if a marriage has not been consummated due to the incapacity of either party to consummate or the unwillingness of either party to do so, it can be annulled. However, the application for annulment must be made within a certain time frame and there are other grounds for annulment as well. This does not apply to same sex couples who marry. It's important to take expert legal advice if you're considering an annulment.

There are various options when it comes to ending a marriage and a specialist family law solicitor will be able to discuss these in relation to your specific circumstances to find the best way forward. Speak to our marriage Annulment solicitors today on 0800 689 1058.

When can a marriage be annulled in the UK?

A marriage can be annulled if it is void or voidable. A void marriage is one that is not legally valid from the beginning, such as if the couple are closely related. A voidable marriage is one that is valid but can be annulled due to certain circumstances, such as if one party was forced into the marriage or if one party was already married. The annulment must be granted by a court. Your marriage is void or voidable if:

You're closely related to the person you married
Both of you were under the age of 16 at the time of the marriage
One half of the couple was already married or in a civil partnership
You did not consent to the marriage (e.g. forced marriage)
The other person had a sexually transmitted disease when you got married
Your new wife was pregnant by someone else when you got married
One half of a couple is in the process of transitioning to a different gender
The marriage wasn't consummated (this does not apply to same-sex couples)

When seeking an annulment, it is possible for the Court to stop a person for applying for an annulment of marriage. This could be due to evidence showing that the person knew about the situation behand and accepted it.

If you cannot annul your marriage, then you will need to follow the procedure for divorce. This means you will have to wait a year before starting divorce procedures.

If you wish to annul your marriage due to one of the above reasons, then contact our Annulment Solicitors today.

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FAQs

How is an annulment different from a divorce?

An annulment is a legal declaration that a marriage was never valid, while a divorce is the legal termination of a valid marriage. An annulment can only be granted in certain circumstances, such as if one party was already married or if the marriage was entered into under duress or fraud. Annulments are granted under the Matrimonial Causes Act 1973.

What are the grounds for an annulment of marriage?

Grounds for annulment of marriage include: non-consummation, lack of consent, duress, mental incapacity, fraud, and bigamy. The marriage must also be voidable, meaning it was not valid from the beginning, rather than simply being unhappy or unsuccessful.

Can I get an annulment if I have been married for a long time?

There is no time limit for obtaining an annulment, but it can only be granted in certain circumstances, such as if the marriage was not legally valid or if one party was forced into the marriage. The length of the marriage is not a determining factor in whether an annulment can be granted.

How long does it take to get an annulment?

The length of time it takes to get an annulment can vary depending on the circumstances of the case. It typically takes several months to a year to complete the process, as it involves gathering evidence and going through the court system. However, more complex cases may take longer.

Do I need to go to court to get an annulment?

Yes, you need to go to court to get an annulment. An annulment is a legal process that requires a court order to declare a marriage null and void. The court will consider the grounds for annulment and make a decision based on the evidence presented.

What are the legal implications of an annulment?

An annulment is a legal process that declares a marriage null and void, as if it never existed. The legal implications of an annulment include the dissolution of the marriage, the division of assets, and the determination of child arrangements and support. An annulment may also affect inheritance rights, immigration status, and eligibility for certain benefits.

Can I remarry after an annulment?

Yes, you can remarry after an annulment. An annulment declares that the marriage was never valid, so it is as if the marriage never existed. Once the annulment is granted, you are free to remarry. However, it is important to note that there may be legal and financial implications to consider before entering into a new marriage.

Do I need a lawyer to get an annulment?

It is not mandatory to have a lawyer to get an annulment but it is recommended to seek legal advice to ensure that the process is carried out correctly and to protect your interests. A lawyer can also help you understand the legal implications of an annulment and advise you on the best course of action.