Annulment is a way to end a marriage by demonstrating that it was never legally valid in the first place or it is defective. Many choose annulment instead of divorce as it provides an alternative that may be preferable because they have religious or personal reasons for wanting to avoid it. However, annulment is not applicable in all cases, and you will only be eligible in specific circumstances. Read our guide for more information.
Annulment is a way to end a marriage by demonstrating that it was never legally valid in the first place or it is defective. Many choose annulment instead of divorce as it provides an alternative that may be preferable because they have religious or personal reasons for wanting to avoid it. However, annulment is not applicable in all cases, and you will only be eligible in specific circumstances. Read our guide for more information.
If you have need help with your divorce and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What are the grounds for annulment?
There are only two ‘grounds’ for annulling a marriage, namely that it was not legally valid (‘void’) or that the marriage is defective (‘voidable’). Reasons the marriage may not have been legally valid include:
- The parties are closely related
- Either party was under the age of 16 at the time of the marriage
- Either party was already married to someone else at the time of the marriage
If the marriage comes under one of the above reasons as being void, it will be treated as having never legally existed. If you wish to get married in the future, you will be required to show documentation to prove the marriage was void and annulled according to the law.
Reasons the marriage may be deemed defective include:
- If the marriage was not consummated (you and your spouse have not had sex since the wedding). This option is not available to same-sex couples.
- You did not properly consent to the marriage. For example, you were drunk or coerced
- Your spouse had a sexually transmitted disease when you got married
- Your spouse was pregnant with someone else’s child when you married
How do I get an annulment?
To have a marriage annulled, you will need to apply to the court for something called a “nullity” application. You can do this at any time after the wedding and do not have to wait for a period of 12 months as you would if you were applying for divorce.
You will need to complete the nullity application and send it to your local divorce court. There is a fee payable for this. Once the court has received the application and you have paid the court fee, it will be sent to your spouse. They will be given an opportunity to respond, either by accepting the application or disputing it. If they agree to the annulment, after a waiting period of 20 weeks, you will then need to apply for a conditional order. This is an official document stating that the court agrees that your marriage should be annulled.
Once you have received a copy of the conditional order, you will need to wait an additional 6 weeks before you can apply for the final order. This is the last legal document in the nullity process and proves that your marriage has been annulled. It will be required if you wish to marry again in the future.
If your spouse disputes the nullity application, you may need to attend court and make your case to the judge.
Alongside your application for annulment, you can also apply to the court for a financial order if you need the court to decide how your finances should be distributed. Additionally, if you have children, you will have to make separate arrangements in relation to where they will live and how when they will see the other parent.
Do I need a solicitor to apply for an annulment?
Nullity applications can quickly become complicated. You may not understand the form itself and if your spouse decides to dispute the application, this can add an extra layer of complexity. If you are summoned to court, it is always better to have the benefit of a legal representative making the case to the court. And, if you take advice before filling out the nullity petition, it reduces this possibility.
Solicitors can also assist with:
- The grounds for annulment
- Explain the legal process for annulling a marriage
- Discuss any practical issues that need to be resolved. For example, what happens to the family home, division of finances, and arrangements for any children you have
Is it enough to get a religious annulment?
Several religions recognise the concept of marriage annulment. Unlike divorce, in which a marriage is dissolved, a religious annulment is based on the church recognising the marriage was never properly entered into in the first place.
However, it is important to understand that the legal annulment of a marriage is not the same as a religious annulment. If you want to sever the legal ties created by marriage, or plan to remarry, you must either obtain a divorce or a legal annulment following the procedure set out above.
Can I get financial provision when getting an annulment?
Whether the marriage is void or voidable, if a nullity application is made, the parties can take advantage of the court’s power to grant financial provision, in the same way as divorcing couples. Again, if this is something that potentially needs to be resolved, it is vital to obtain legal advice to explore whether you should make a financial claim against your spouse when you apply for the annulment.
How long does it take to get an annulment?
The time frame to annul a marriage may differ depending on the individual circumstances of the case, and whether it is contested. Generally, if you are eligible for an annulment and it is not contested by your spouse, the annulment time frame will generally take between 6 and 8 months to complete. Although this does not take account of additional delays dealing with financial negotiations or proceedings.
Is it better to get an annulment or a divorce?
There are only very few circumstances where an annulment will be a viable option. If it is, you may consider getting an annulment over a divorce where:
- You have not yet been married twelve months, so are unable to legally divorce
- There are religious, cultural, or other personal reasons for not wanting to divorce
- One party to the marriage was not able to validly consent to the marriage. For example, because of mental impairment.
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