Also known as nullity, annulment of marriage is a legal process that declares a marriage invalid. That means it was never legally recognised in the first place or has become void under specific conditions. Unlike divorce, which ends a valid marriage, annulment treats the union as though it never existed in law.
For some couples, this route is more appropriate than divorce, especially where there are religious, cultural or legal reasons to avoid ending the marriage through the traditional route. Understanding when annulment is legally possible is essential before making any decision.
Void vs voidable marriages
UK law recognises two types of marriages that may be annulled: void and voidable.
A void marriage is one that was never legally valid from the outset. This may occur if:
- One person was already married or in a civil partnership at the time of the ceremony.
- The couple are closely related, such as siblings or parent and child.
- One or both parties were under the legal age of 16.
In these cases, the marriage is treated as though it never existed. No court order is technically required, though a decree of nullity can still be sought for clarity.
A voidable marriage is slightly different. It is legally valid until a court issues a decree of nullity. Grounds for a voidable marriage include:
- The marriage was not consummated (for opposite-sex couples).
- One party did not consent due to duress, mistake or lack of mental capacity.
- One spouse was pregnant by another person at the time of marriage.
- A serious sexually transmitted disease was not disclosed before the marriage.
Time limits and restrictions
While divorce requires at least one year of marriage before you can apply, annulment can be sought at any time after the wedding. However some grounds should be raised promptly once discovered. These include non-consummation or lack of consent.
If a long period has passed and both parties have continued living together as a married couple, the court may consider that an annulment is no longer appropriate.
It’s also important to note that non-consummation is not a valid reason for annulment in same-sex marriages or civil partnerships under UK law.
The annulment process
Applying for an annulment involves submitting a nullity petition to the family court, setting out the grounds on which you believe the marriage is void or voidable. Supporting evidence may include documents, witness statements or proof of the circumstances that made the marriage invalid.
If the court accepts the application, it will issue a conditional decree (known as a decree nisi in divorce cases). After a short waiting period, you can apply for a decree absolute, which legally confirms that the marriage has been annulled.
Once granted, the annulment declares that the marriage never existed in the eyes of the law. However, a separate financial order may still be needed to divide property, savings or pensions fairly between both parties.
Legal effects of annulment
After annulment, both individuals are legally single again and the marriage is treated as void from the start. Children born during the marriage remain legitimate under UK law and both parents retain their parental rights and responsibilities.
Annulment can also have implications for immigration cases. For example, if a spouse’s right to remain in the UK depended on the marriage, the annulment could affect their visa status. It is always advisable to seek specialist legal advice before taking action in such situations.
When annulment may be right for you
Annulment can offer a dignified and suitable alternative to divorce when the marriage was never valid or where religious beliefs make divorce difficult. That said, it’s only available in specific circumstances and requires strong supporting evidence.
If you are unsure whether your marriage qualifies, our expert family law solicitors can assess your situation and guide you through the process.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
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