Wedding season is now well underway, but for some, the old adage “marry at haste, repent at leisure” may feel a little closer to home.
If you’ve found yourself questioning a recent marriage, and are unsure of your options, it’s important to know that support is available, and that annulment may be a route worth exploring.
What is an Annulment?
In England and Wales, couples must be married for at least one year before they can apply for a divorce. However, annulment, while less common, offers an alternative route for ending a marriage earlier, or for those who have religious or personal reasons for avoiding divorce.
Unlike divorce, which ends a legally valid marriage, annulment declares that the marriage was never legally valid in the first place. Legally, it treats the marriage as though it never happened.
Grounds for Annulment
To apply for an annulment, the marriage must fall into one of two. A void marriage is one that was never legally valid. Common reasons include:
- One or both parties were underage (under 18, or under 16 if married before 27 February 2023)
- The couple is closely related
- One party was already married or in a civil partnership
- One party is serving a life sentence and did not obtain consent from the Secretary of State
- The marriage is polygamous and took place outside UK jurisdiction
- Legal requirements under the Marriage Act 1949 were not met
These marriages were legally valid at the time but may be annulled for specific reasons, such as:
- Lack of consent due to duress or incapacity
- Non-consummation (not applicable to same-sex couples)
- One party was pregnant by someone else at the time of marriage
- One party had a venereal disease at the time of marriage
- Either party had a mental disorder at the time of marriage
- One party is undergoing gender transition
How does the process work?
Annulments must generally be filed within three years of the marriage, although exceptions may apply, for example, if the applicant was affected by a mental health condition.
Unlike divorce, there’s no need to wait a year before applying. The process begins with submitting a nullity petition to the court, outlining the grounds and including supporting documents. A court fee of £612 applies.
Once submitted, the other party has 14 days to respond. If uncontested, the petitioner can apply for a conditional order. If contested, the case will be heard by a judge, and legal advice is strongly recommended.
After the conditional order is granted, there is a six-week waiting period before applying for the final order (also known as a decree of nullity), which officially ends the marriage.
Why legal advice matters
Although annulment may seem more straightforward than divorce, the legal and financial implications can be just as significant. It’s important to seek advice on how to resolve any financial matters following the annulment, including property, savings, pensions, and other shared assets. Without proper guidance, unresolved financial ties can lead to complications later on.
If you’re considering annulment or need advice on divorce and financial arrangements following a relationship breakdown, please contact Catherine Lowther at catherine.lowther@swinburnemaddison.co.uk or call our family team on 0191 384 2441.
