Key Takeaways
- Annulment (also called nullity) either treats a marriage as if it was never valid, or ends one that was valid but flawed from the start. It is a separate process from divorce.
- There are two categories: void marriages, which were never legally valid, and voidable marriages, which are valid until a court annuls them.
- Void grounds include being closely related, being under 18, or one of you already being married. Voidable grounds include non-consummation, lack of consent, an undisclosed STD, or a spouse being pregnant by someone else.
- Unlike divorce, you can apply in the first year of marriage and there is no 20-week reflection period, but most voidable grounds carry a three-year time limit.
Not every marriage that goes wrong ends in divorce. Some should arguably never have counted as a marriage in the first place. If you have found yourself in a marriage that feels like a mistake from day one, or you cannot marry again in your faith while a previous marriage stands, you may be wondering whether you can have it wiped out rather than simply ended. That is what annulment does, and it is one of the more misunderstood corners of family law.
The confusion is understandable. Annulment and divorce sound similar and use some of the same court steps, but they answer completely different questions. Divorce ends a valid marriage. Annulment says the marriage was either never valid, or was valid but so flawed that a court can undo it.
This guide sets out the actual grounds for annulment in England and Wales, the time limits that catch people out, and what it means for your finances. If you want to know whether your own situation qualifies, Osbourne Pinner offers a free 30-minute consultation with a family law solicitor.
Annulment is not the same as divorce
The headline difference is timing and meaning. You can only apply for a divorce once you have been married for at least a year, and it ends a marriage everyone accepts was valid. Annulment has no such wait. You can apply in the first year, or years later, though a long delay may prompt the court to ask why. It also does not need the 20-week reflection period that divorce now has, although you still go through a conditional order followed by a wait of six weeks and a day before the final order.
One more thing worth clearing up. A civil annulment through the courts is not the same as a religious annulment granted by a church or other faith body. They are separate, and you may need both depending on your circumstances.
The two types: void and voidable
Every annulment falls into one of two boxes, and the difference matters. A void marriage was never legally valid, so in law it never existed. A voidable marriage was valid when you married but has a flaw that lets a court set it aside. A voidable marriage stays fully valid unless and until you annul it. The grounds for each are set out in the Matrimonial Causes Act 1973.
Grounds for a void marriage
A marriage is void, meaning it never counted, if any of the following were true when you married:
- You and your spouse are closely related, within what the law calls the prohibited degrees of relationship.
- One or both of you were under 18 (or under 16 if the marriage took place before 27 February 2023, when the minimum age was raised to 18).
- One of you was already married or in a civil partnership at the time.
- The marriage was a polygamous one entered into outside England and Wales while one party was domiciled here.
- The legal formalities were not followed, for example the ceremony took place somewhere unlicensed or without the proper notice.
Even where a marriage is void, you may still want a court order, called a nullity of marriage order, to prove it, especially if you want to remarry.
Grounds for a voidable marriage
A voidable marriage was valid at the time but can be annulled for one of these reasons:
- The marriage was never consummated, either because a spouse could not or because they wilfully refused. This ground does not apply to same-sex marriages.
- One of you did not properly consent, for example because of duress, a forced marriage, mistake, or lack of mental capacity.
- One spouse had a mental disorder at the time that made them unfit for marriage.
- One spouse had a sexually transmitted disease at the time of the marriage and the other did not know.
- The wife was pregnant by another man at the time of the marriage, unknown to the other spouse.
- An interim gender recognition certificate has been issued to a spouse, or one spouse was transitioning gender in a way the other did not know about at the time.
The three-year time limit, and when it does not apply
This is where people slip up. For most voidable grounds, you have to apply within three years of the date of the marriage. Miss that window and the court can refuse to hear it, unless it gives special permission, which usually only happens in cases involving mental disorder.
There is an important exception. Non-consummation has no strict three-year cut-off, so it can be raised later, although a long unexplained delay can still count against you. For the grounds based on an STD or a pregnancy by another man, you also have to show you did not know about the problem when you married. Void marriages, by contrast, have no time limit at all, because there was never a valid marriage to begin with.
What annulment means for your money
A common myth is that annulment leaves you with nothing because the marriage never existed. That is not how it works. When a court annuls a marriage, it has the same power to make financial orders as it does in a divorce, covering things like property, maintenance and pensions. So you can still ask the court to sort out the finances fairly, and it is usually wise to tie that up with a financial consent order rather than leaving loose ends. Any children of a voidable marriage also remain legitimate in law.
How you apply for an annulment
The process runs along similar lines to a divorce. You apply to the family court for an annulment, setting out which ground you are relying on, and your spouse is given the chance to respond. If it is agreed, you apply for the conditional order, then wait six weeks and a day before applying for the final order that formally annuls the marriage. The court fee is £628, the same as a divorce application, and help with fees is available if you are on a low income. You can find the government’s overview of the process on the GOV.UK annulment pages.
Do you need a solicitor?
You are not legally required to use one, but annulment is more technical than a straightforward divorce. The grounds are narrow, the evidence matters, and the three-year limit is unforgiving. Getting it wrong can mean the court sends you down the divorce route instead. If you are weighing up whether annulment is right for you, it is worth reading our guide on when annulment is legally possible, and taking advice before you file. The sooner you check where you stand, the more options you tend to have.
Speak to a Family Law Solicitor About Annulment
Annulment can be the right route where a marriage was never valid or was flawed from the outset, but the grounds are narrow and the time limits are strict. Getting clear advice early is the best way to know whether it is genuinely open to you.
At Osbourne Pinner, our family law solicitors can tell you whether your marriage is void or voidable, handle the application, and make sure your finances are properly sorted at the same time.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
