Annulment is a declaration by the court that a marriage was never legally valid or has become invalid for a specified legal reason. Under English and Welsh law, an annulment may be granted for a number of different reasons, including if the marriage hasn’t been consummated, if either party was already married at the time of the marriage and other more technical legal reasons.
Annulment solicitors: How to annul a marriage in the UK
Speak to an experienced marriage annulment solicitor today
Take advantage of a free 30-minute telephone appointment to talk through your situation and the possibility of an annulment. We will explain your options and how we can help. You will find our marriage annulment solicitors are friendly, approachable and knowledgeable.
We offer a detailed case assessment for £500+VAT, including consideration of your case by an experienced lawyer and advice and guidance on your next steps – you can find out more about this here.
For a free 30-minute initial chat with one of our annulment solicitors, call Woolley & Co on 0800 321 3832 or complete our online form.
What annulment services do Woolley & Co, Solicitors offer?
Our annulment lawyers can assist with:
- Whether there are grounds for your marriage to be annulled
- The legal process for annulling a marriage
- Any practical issues that need to be resolved, e.g. what happens to the family home, division of finances and arrangements for any children you have
Take a look at our team to find an annulment solicitor near you.
How to annul a marriage
Grounds for annulment
Annulment, or ‘nullity’ as it is known in law, falls into two categories:
- Marriages that are void
- Marriages that are voidable
A void marriage is one that was not legally valid. For example one party was already married. If the marriage was not legally valid, the law says it never existed. Nevertheless, a party to such a marriage may still wish to obtain an order from the court to prove this, for example if they wish to marry again.
A voidable marriage is one that is legally valid but meets one of the grounds for marriage annulment below.
The grounds for an annulment where a marriage is voidable in England and Wales are:
- That the marriage has not been consummated owing to the incapacity of either party
- That the marriage has not been consummated owing to the wilful refusal of the other party to consummate it
- That either party did not validly consent to it, whether in consequence of duress, mistake, incapacity or otherwise
- That at the time of the marriage, either party, though capable of giving valid consent, was suffering from a mental disorder
- That at the time of the marriage, the respondent was suffering from a sexually transmitted disease (STD)
- That, at the time of the marriage, the respondent was pregnant by some person other than the petitioner
- That an interim gender recognition certificate has been granted to either party in the preceding 6 months
- That the other party is a person whose gender at the time of the marriage had been acquired under the Gender Recognition Act.
Although these grounds for annulment in the UK sound relatively self-explanatory, the law expands further and more has to be established in order to satisfy the courts that an annulment should be granted.
Not only does each ground go into great detail before you can consider whether your marriage is voidable, but the court can also bar a person from applying in certain circumstances (for example, where the person applying can be said to have accepted the situation). It is a very complex area of the law.
Getting an annulment
If your marriage is eligible for annulment then you will need to make an application to the court requesting the annulment. This is different from the process of getting a divorce.
To summarise how to annul a marriage, the basic process is:
- Complete an application for an annulment and file with the court with supporting documents (you should also keep a copy for your own records)
- The other party to the marriage will have 8 days to respond to the application saying whether they agree to the annulment or not
- If the other party agrees to the annulment, you can apply for a Conditional Order
- When the court grants the Conditional Order, this confirms that the court sees no lawful reason that the marriage cannot be annulled
- 6 weeks after the Conditional Order is granted, you will be able to apply for the Final Order, which might be referred to as a ‘decree of nullity’
Alongside your application to annul your marriage, you can also apply to the court to make a Financial Order if you need the court to decide how your finances should be separated.
If you have children, you will also have to make separate arrangements in relation to where they will live and how they will be brought up.
Key questions about marriage annulment
What is an annulment?
An annulment is a legal process for declaring that a registered marriage was not, in fact, valid or has become invalid. If you secure an annulment, it will be as if you were never married.
How long can you be married and still get an annulment in the UK?
You can get a marriage annulled in the UK at any time after the wedding, and unlike divorce, there is no minimum waiting period. However, if you apply for an annulment many years after the marriage, you may need to explain the delay to the court. For certain grounds for a voidable marriage, you must apply within three years of the marriage or get the court’s permission.
What is a religious annulment?
Several religions have the concept of marriage annulment. It is important to note that the legal annulment of a marriage is not the same as a religious annulment.
For example, under the revised Catholic church guidelines, to achieve an annulment, a couple will only need a church tribunal decision and not an additional confirming decision. Critically for many, the changes mean Catholics who wish to remarry will be able to have their second marriage recognised by the church.
Unlike divorce, in which a marriage is dissolved, an annulment is based on the church recognising the marriage was never properly entered into in the first place.
The important thing to note is that if you want to sever the legal ties created by marriage or plan to remarry, you must obtain either a divorce or a legal annulment. A religious annulment has no legal status in English law.
Can you get financial provision when getting an annulment?
Whether the marriage is void or voidable, if an application for nullity is issued, the parties can take advantage of the court’s powers to grant financial provision, just as they can with a divorce.
It is vital to take legal advice to explore whether you need to make a financial claim against your spouse when you apply for the annulment.
How long does an annulment take?
An annulment typically takes around 6 to 8 months if it is not contested. The process can take longer if there are disputes or complications, and the total time depends on the court’s caseload and the specifics of the case.
Do you need to go to court to have a marriage annulled?
If the application for an annulment is not contested, it is unlikely that you will need to attend court.
If the annulment application is contested, our experts can support you through the process, including any court appearances you are required to make.
How much does it cost to annul a marriage?
In the UK, a civil annulment costs £612 for the application fee, but total costs can vary significantly, especially if you hire a solicitor. We can arrange an annulment for a fixed fee of £1,410 plus VAT (separate from the application fee).
In some cases, another party can oppose the annulment. This can sometimes result in your lawyer needing to obtain and produce for court additional evidence and, in some instances, the court case is long and involved too. In these circumstances, talk to Woolley & Co solicitors about handling your case on an hourly rate basis.
Our marriage annulment solicitors nationwide are here for you
Whatever your reasons for seeking an annulment, we recognise that this is likely to be a difficult time that requires sensitive handling. Our team are here to guide you and make the process of getting an annulment as simple and stress-free as possible.
To take advantage of your free 30-minute consultation with our expert marriage annulment solicitors, call 0800 321 3832, or complete our quick online form.