How to Annul a Marriage in the UK: A Complete Guide

An annulment is a legal process that declares a marriage null and void, as if it never existed. Unlike divorce, which ends a valid marriage, an annulment establishes that the marriage was legally invalid from the beginning. In the UK, annulments are granted based on specific grounds. This blog provides an overview of the marriage annulment process and explains how our family law solicitors can assist you through this procedure.

Grounds for Annulment in the UK

You can seek an annulment in the UK under the following circumstances:

1. Marriage was Never Legally Valid (‘Void’)

An annulment can be granted if the marriage was not legally valid from the outset. This includes situations such as:

– Being closely related to the person you married.

– One or both parties being under 18 (or under 16 before February 27, 2023).

– One party already being married or in a civil partnership.

If a marriage is declared ‘void’, it is considered to have never existed. However, obtaining legal documentation like a ‘decree of nullity’ or ‘nullity of marriage order’ may be necessary, especially if you plan to marry again.

2. Marriage is ‘Voidable’

A marriage can be annulled if it is ‘voidable’ due to reasons such as:

– Non-consummation (excluding same-sex couples).

– Lack of genuine consent (e.g., due to force).

– One party having a sexually transmitted disease (STD) at the time of marriage.

– One spouse being pregnant by someone else at the time of marriage.

– One spouse undergoing gender transition.

Unlike divorce, a marriage remains legally valid until annulled using one of these grounds. There is no minimum duration of marriage required before applying for an annulment. The process for ending a civil partnership follows similar rules, although the court forms may differ.

Legal Process for Annulment

The process of annulment can be intricate, and consulting with a family law solicitor who specializes in this area is crucial. Our dedicated team of family law solicitors can assist you with:

Consultation and Assessment: We will evaluate your eligibility for annulment based on the specific circumstances of your marriage.

Filing the Application: Our solicitors will help you complete the necessary forms and gather required documentation to submit your annulment application.

Court Proceedings: If your case proceeds to court, we will represent you and present evidence supporting your annulment claim.

Finalizing the Annulment: Upon court approval, we can guide you through the steps needed to implement the annulment decision, such as updating legal documents.

Practical Issues During Annulment

In addition to the legal process, practical matters also require attention when annulling a marriage. Our family law solicitors can assist you with:

Division of Finances: Guidance on dividing assets, debts, and acquired property during the marriage.

Family Home: Assistance with determining ownership, occupancy rights, and any necessary sales or transfers related to the family home.

Child Arrangements: Ensuring the best interests of children involved through matters such as child arrangements, parental responsibility, visitation, and financial support.

Navigating an annulment can be complex, but with our expertise in family law, we can help simplify the process and ensure your rights and interests are protected.

 

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.