If you are considering an annulment in the UK, you might have several questions about what constitutes valid grounds for this legal process. An annulment, unlike divorce, declares that your marriage was never legally valid in the first place. This can be an important decision, especially if you want to undo the marriage and move on without it being recognised as a valid union in the eyes of the law.
In this article, we will go through the key grounds for annulment in the UK, explain what each one means, and help you understand whether you might qualify for an annulment. Our aim is to provide clear and useful information, so that you can make an informed decision about whether annulment is the right choice for you.
What is an Annulment?
Before we dive into the grounds for annulment, let’s clarify what an annulment actually is. An annulment is a legal process that ends a marriage and declares that the marriage was never valid in the eyes of the law. This is different from divorce, where the marriage is recognised as legally valid until it is dissolved. With an annulment, the marriage is treated as if it never existed.
Annulments are typically used in specific circumstances, where something was wrong from the start or something happened during the marriage that makes it legally invalid. In the UK, the law allows for annulments based on two main grounds: void marriages and voidable marriages. Let’s explore these in detail.
What are Void Marriages?
A void marriage is one that was never legally valid from the beginning. This means that something about the marriage was so fundamentally wrong that it’s as if the marriage never existed in the eyes of the law. If your marriage is considered void, you can apply for an annulment right away. Here are the main reasons why a marriage might be considered void in the UK:
You are Closely Related to Your Spouse
One of the most basic grounds for annulment is if you and your spouse are too closely related to each other. Under UK law, you cannot marry a close relative. For example, it would be illegal for you to marry your sibling, parent, grandparent, child, or cousin in some cases. If you were unaware of this before marrying, or if you did not realise how closely related you were, you may be able to annul the marriage on this basis.
If you find yourself in this situation, the marriage will be declared void as it violates the fundamental legal principle that people should not marry close relatives.
Either You or Your Spouse Was Underage
In the UK, the legal minimum age for marriage is 16. However, if either you or your spouse were under 16 at the time of your marriage, the marriage is considered void. If the marriage occurred before February 27, 2023, and one of you was under 16, the marriage would also be void.
If either you or your spouse were under the legal age, you can apply for an annulment. This ground is very clear-cut, and the law considers such marriages as never having happened.
One of You Was Already Married or in a Civil Partnership
If either you or your spouse were already legally married to someone else or in a civil partnership at the time of your marriage, the marriage is void. The law states that you cannot marry someone if you are already legally married to someone else. If this applies to you, your marriage will be treated as void, and you can apply for annulment.
This situation might arise in cases of bigamy (marrying while still married to another person) or if someone entered into a marriage or civil partnership without realising their spouse was already married.
What are Voidable Marriages?
A voidable marriage is one where the marriage is legally valid, but there are certain factors that make it possible for one of the spouses to apply for an annulment. Unlike a void marriage, a voidable marriage can remain valid unless someone takes action to annul it. In other words, the marriage is legally recognised, but the person seeking the annulment can prove that something was wrong, which justifies the annulment.
Here are the main reasons a marriage might be voidable in the UK:
The Marriage Was Not Consummated
For many people, consummating a marriage through sexual intercourse is a key part of the relationship. However, if the marriage has not been consummated (i.e., there has been no sexual intercourse between the spouses since the wedding), one spouse may apply for an annulment.
It’s important to note that this ground does not apply to same-sex marriages. For opposite-sex marriages, non-consummation can be a valid reason to annul the marriage. If you are in a situation where you and your spouse have not had sexual intercourse since the marriage, and this is a major issue, you may have grounds to annul the marriage on this basis.
Lack of Consent
If you did not genuinely consent to the marriage, this could be a valid reason for annulment. Lack of consent can happen in various ways, but most commonly, it involves situations where one person was forced into the marriage or was under duress. If you were pressured, threatened, or coerced into marriage, you may not have given your full consent.
Similarly, if one party was intoxicated by alcohol or drugs to the point where they could not understand the nature of the marriage, they might be able to apply for annulment. Lack of consent also applies to situations where one spouse misled the other or was deceitful about their intentions.
One Party Had a Sexually Transmitted Disease (STD) at the Time of Marriage
If one of you had a sexually transmitted disease (STD) at the time of marriage, and this was not disclosed to the other person, the marriage may be considered voidable. This can apply to various STDs such as HIV, gonorrhoea, or herpes. If the other spouse was unaware and did not consent to being married under these circumstances, the marriage can be annulled.
Your Spouse Was Pregnant by Someone Else When You Married
If your spouse was already pregnant by someone else at the time of your marriage, this can be a valid ground for annulment. This situation may cause emotional distress or a breakdown in the trust between the spouses. If you were unaware of the pregnancy when you married, you may be able to annul the marriage.
One Spouse is Transitioning to a Different Gender
In some cases, one spouse may be in the process of transitioning into a different gender. If this was not disclosed before the marriage, or if the transition creates a fundamental change in the nature of the marriage, the marriage could be annulled. This is a complex situation and is usually considered on a case-by-case basis.
How to Apply for an Annulment?
To apply for an annulment, you must file a nullity petition with the family court. This petition outlines the reasons for seeking the annulment and must be supported by evidence. The process is different from divorce, as annulments can be applied for immediately after the marriage, with no need to wait for a period of separation.
If your spouse agrees to the annulment, you can proceed relatively quickly. However, if they contest the annulment, you may need to go to court to present your case. It’s highly advisable to seek legal advice to ensure the process is as smooth as possible.
Conclusion
Annulments in the UK are a way of declaring a marriage invalid. The grounds for annulment are split into two categories: void marriages (those that were never legally valid) and voidable marriages (those that were valid but have issues that can be used to annul them). Each ground is different, and it’s important to understand which applies to your situation. If you are considering an annulment, it is crucial to seek professional legal advice to ensure you understand the process and can make an informed decision. Whether you are facing issues like lack of consent, non-consummation, or other circumstances, an annulment may provide a path to move forward.
