Going through a marriage breakdown is never easy. If you’ve decided that ending your marriage is the best decision, you may be considering an annulment rather than a divorce. Annulments can be a bit more complex than divorces, but they are sometimes the right legal solution depending on your situation. In this article, we will explain what an annulment is, how it works, and the steps you need to take to annul your marriage in the UK.
What is an Annulment?
An annulment is a legal procedure that cancels a marriage. In simple terms, it declares that the marriage was never valid in the first place. It is different from a divorce, which ends a legally valid marriage. With an annulment, it is as if the marriage never existed at all.
In the UK, there are specific grounds on which you can apply for an annulment. These grounds can vary from situations where the marriage was never legally valid, to cases where the marriage was legally valid but something happened during or after the ceremony that makes it “voidable.”
This means that if you have strong grounds for annulment, you can apply to have the marriage completely annulled, rather than going through the process of a divorce.
When Can You Annul a Marriage?
To annul a marriage, you need to prove that your marriage falls into one of the following categories:
Void Marriages (Never Legally Valid)
In certain situations, a marriage may never have been legally valid, meaning it was a “void” marriage. If your marriage is void, it means that it never existed legally, and you can apply for an annulment right away. You can annul a marriage if:
- You are closely related to your spouse: For example, if you married a close family member (like a sibling or parent), the marriage is void and can be annulled.
- One or both of you were under the legal age: In the UK, the legal age for marriage is 16 with parental consent, and 18 without. If you or your spouse were under 16 (before February 27, 2023), your marriage is void and can be annulled.
- One of you was already married or in a civil partnership: If you or your spouse were already married or in a civil partnership at the time of your wedding, your marriage is not legally valid and can be annulled.
Voidable Marriages (Legally Valid but Grounds for Annulment Exist)
If your marriage is valid but you have specific reasons why it should never have taken place, you may be able to annul it on the grounds of being “voidable.” A voidable marriage is one that is legally valid until it is annulled. You can annul a marriage if:
- The marriage was not consummated: This applies to heterosexual marriages only. If you and your spouse have not had sexual intercourse since the wedding and there is no good reason for this, you may be able to annul the marriage. However, this rule doesn’t apply to same-sex marriages.
- You did not genuinely consent to the marriage: If you were forced into marriage, were too drunk to consent, or were otherwise pressured or coerced into marrying, you can apply for an annulment.
- Your spouse had an STD at the time of the marriage: If your spouse had a sexually transmitted disease at the time of marriage and didn’t tell you about it, you may have grounds for an annulment.
- Your spouse was pregnant by someone else: If your wife was already pregnant with someone else’s child at the time of the wedding, you may be able to annul the marriage.
- One spouse is transitioning to a different gender: If one of you is undergoing a gender transition and this affects the marriage in a way that makes it impossible to continue, this can be grounds for annulment.
How to Get Your Marriage Annulled: The Steps
Annulment is not an automatic process, and there are a few important steps you need to follow to get your marriage annulled. Here’s a simple guide on how to do it:
1. Understand Your Grounds for Annulment
The first step in annulling your marriage is understanding whether you have valid grounds. This means figuring out whether your marriage is void or voidable based on the reasons mentioned above. Speak to a family law solicitor to make sure you have a solid case and that your situation meets the legal requirements for annulment.
2. File a Nullity Petition
To begin the annulment process, you need to submit a “nullity petition” to the court. This is a formal request to annul the marriage. You will need to complete a court form, which asks you to explain the grounds for your annulment. Your solicitor can help you complete this form, making sure that all of the necessary details are included.
In your petition, you will need to clearly outline the reasons why your marriage was either void or voidable. This is where it’s important to have all the facts in order. If you were forced into marriage or if there was an issue with consent, you’ll need to provide details and supporting evidence, such as witness statements or documentation.
3. Wait for Your Spouse’s Response
Once your annulment petition has been filed with the court, it will be sent to your spouse. If your spouse agrees with the annulment, they will not contest it. If they disagree, the case may go to court for a hearing. If your spouse does not respond within a certain timeframe, the court may proceed with the annulment without their input.
4. Attend the Court Hearing (If Necessary)
If your spouse contests the annulment, a court hearing will be scheduled. During the hearing, both you and your spouse will have the opportunity to present evidence. This could include testimonies, documents, or other forms of proof that support your case for annulment.
In most cases, if the annulment is contested, you will need a solicitor to represent you in court. They will help you present your case, making sure that you have the best chance of success.
5. Decree Nisi and Decree Absolute
If the court grants your annulment, it will issue a Decree Nisi. This is the first decree in the annulment process and indicates that the court has agreed to annul your marriage.
After six weeks and one day, you can apply for the Decree Absolute, which is the final decree that legally ends your marriage. Once the Decree Absolute is granted, the marriage is officially annulled, and you are free to move on with your life.
Can You Claim Financial Relief?
One of the important aspects of annulments is that you can still apply for financial relief. If you were married for a period of time, you may be entitled to financial support, similar to divorce proceedings.
The court will look at factors such as the length of the marriage, the financial needs of both parties, and any children involved. If the annulment is granted, the court will consider how assets, property, and finances should be divided.
It’s important to speak to a solicitor about your financial situation before going ahead with the annulment. They can help you understand your rights and make sure you get a fair financial settlement.
Practical Considerations After Annulment
Once your marriage is annulled, there are a few practical matters you’ll need to address:
- Property and Assets: You’ll need to divide any property, savings, or assets that you and your spouse shared during the marriage.
- Child Arrangements: If you have children, you will need to sort out custody, visitation rights, and child support arrangements.
- Updating Documents: After the annulment is finalised, you’ll need to update legal documents like your passport, driving licence, and bank accounts to reflect your new status.
Conclusion
Annulment is a legal procedure that can help you end a marriage that was invalid from the start or one where something significant occurred after the wedding. It’s important to understand the grounds for annulment and seek professional advice from a family law solicitor to guide you through the process.
Annulment can be a complex and emotional process, but knowing your rights and having the right support will help you navigate it with confidence. If you believe annulment is the best solution for your marriage, take the necessary steps today to start the process and move forward with your life.
