How is a marriage annulled?

Discovering that your marriage may not be legally valid can be both confusing and distressing. While annulment of marriage and divorce both end a marriage, what is annulment in marriage differs significantly in its approach and implications. This guide will help you understand when marriage annulment might be appropriate for your situation, how it differs from divorce, and the steps involved in the process. As every situation is unique and the legal implications are far-reaching, consulting a family law solicitor will help protect your interests and ensure the best possible outcome.

Learn when and how marriage annulment could be your best path to ending your marriage.

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When can you get a marriage annulled?

Marriage annulment declares that your marriage was never legally valid. The UK recognizes two types of grounds for annulment UK, each affecting your legal status differently:

When is a marriage automatically void?

A void annulment meaning considers your marriage to have never legally existed, unlike divorce which acknowledges the marriage was valid. Your marriage is void if:

• Bigamy: Either party was already legally married or in a civil partnership that had not been dissolved or annulled.
• Prohibited relationships: The parties are closely related by blood (consanguinity) or marriage (affinity), making the union legally forbidden.
• Underage marriage: Either party was under 16 at the time of marriage – the legal minimum age requirement for marriage in the UK.
• Procedural non-compliance: The marriage ceremony failed to meet essential legal requirements, such as improper venue, unauthorized officiant, or invalid marriage license.

When is a marriage voidable?

A marriage can be annulled if proven to be voidable under these circumstances:

• Defective consent: Marriage entered into without proper consent due to duress, mental incapacity, or mistake.
• Medical non-disclosure: Either party had an undisclosed sexually transmitted disease at the time of marriage.
• Concealed pregnancy: The wife was pregnant by someone other than her husband at the time of marriage.
• Gender recognition: Either party was in the process of gender transition without the other’s knowledge.
• Non-consummation: The consummated marriage requirement was not met due to inability or refusal (not applicable to same-sex marriages).

How to annul a marriage: The process

Starting your marriage annulment journey requires four key steps:

1.   Initial application

To begin your marriage annulment process:

• You must complete and file your nullity petition at your local divorce court, stating your specific grounds for annulment.
• You will need to pay the court fee of £593, though you may qualify for a reduction if you receive benefits or have a low income.
• You must ensure your spouse receives official copies of all court papers, after which they have 8 days to respond to the petition.

2.   Legal stages

Your annulment of marriage will progress through three distinct court stages:

• The court will review your petition and issue a ‘Decree of Nullity’ if they accept your grounds for annulment.
• Once the court grants your Decree of Nullity, your marriage is officially declared void or voidable.
• Your case typically reaches completion within 6-8 months if your spouse does not contest the annulment.

3.   Required documents

The court requires specific documentation to process your marriage annulment application:

• You must provide your original marriage certificate, accompanied by a certified translation if it’s not in English.
• You need to submit current government-issued photo identification to prove your identity.
• You must include documented evidence that specifically supports your chosen grounds for annulment.
• You will need to complete detailed financial disclosure forms if you are requesting a financial settlement.

4.   Costs overview

Understanding the total cost of your marriage annulment helps you plan your finances effectively:

• You must pay the mandatory court fee of £593 when you submit your application.
• Your solicitor’s fees will typically range between £2,000 and £4,000 if you choose legal representation.
• You should expect to pay additional court and legal fees if your spouse contests the annulment.
• You will need to pay separate court fees if you require a financial settlement order.

What happens after the court’s decision?

The court’s decision on your marriage annulment creates important legal and practical consequences for your future:

When nullity is granted

After the court accepts your reasons for annulment:

– You will receive a Decree of Nullity that legally confirms your marriage was never valid.

– You immediately return to your single status and have the legal right to remarry.

– You must address financial matters through a separate court order, including:

• Division of pensions and investments.
• Division of shared property and assets.
• Settlement of joint debts and liabilities.
• Arrangements for ongoing maintenance if applicable.

– You need to update these important documents:

• Passport and driving license.
• Bank accounts and credit cards.
• Will and estate planning documents.
• Insurance policies and beneficiary forms.

When nullity is denied

If your annulment requirements are not recognised by the court:

– Your marriage maintains its legal validity and all associated rights and obligations.

– You cannot apply for divorce until one year from your marriage date has passed.

– You will need to pay the full divorce court fee of £593 if pursuing divorce instead.

– You should explore these alternatives with a legal professional:

• Judicial separation options.
• Mediation services for relationship issues.
• Grounds for divorce after the one-year waiting period.

Do I need a lawyer for a marriage annulment?

Choosing whether to seek legal representation for your marriage annulment depends largely on your specific circumstances:

Self-representation considerations

Before deciding to handle your own annulment, assess these factors:

• Court staff cannot provide legal advice or help you complete forms.
• Mistakes in your petition or evidence could result in wasted court fees and time.
• You need significant knowledge of family law to prove grounds for annulment UK successfully.
• The court expects the same standard of evidence whether you have legal representation or not.

Benefits of legal support

A solicitor’s expertise helps by:

• Protecting your rights throughout the process.
• Managing unexpected complications that may arise.
• Ensuring all your paperwork meets strict court standards.
• Guiding you through complex legal requirements correctly the first time.

FAQs

• Can I get an annulment if my spouse agrees to it? Mutual agreement isn’t enough. You must still prove legal grounds, though cooperation makes the process smoother.
• What happens to children born during an annulled marriage? Children remain legitimate. The court handles custody and support arrangements separately.
• Can I get an annulment if I married overseas? Yes, if either party lives in the UK, but you’ll need translated marriage documents.
• Will my annulment be recognized internationally? Recognition varies by country. Check with local authorities where you plan to remarry.

Unlike divorce, marriage annulment lets you legally erase a marriage rather than just end it. Though strict grounds for annulment UK must be met, this path offers a fresh start when specific circumstances make your marriage legally invalid.

Need help with your marriage annulment?

Marriage annulment requires expert legal guidance. Visit Qredible.co.uk to connect with a qualified family law solicitor in your area.

KEY TAKEAWAYS

• Marriage annulment differs fundamentally from divorce by declaring a marriage invalid from the start, rather than ending a valid marriage, and can be pursued immediately without waiting periods.
• The grounds for annulment UK fall into two categories: void marriages that were never legally valid, and voidable marriages that can be challenged for specific reasons such as non-consummation or lack of consent.
• The annulment process requires filing a nullity petition with evidence, paying court fees, and possibly attending hearings, with most cases taking 6-8 months to complete.