From "I do" to Undo - The basics of annulment in the UK

Annulment is a different way of ending your marriage and acts as one of the alternatives to divorce. Unlike divorce, which ends a legally valid marriage, an annulment declares that the marriage was never legally valid in the first place. An annulment will treat the marriage as though it never happened.

Although not often used, an annulment acts as an alternative to those who may not want to wait until they have been married a year before ending their marriage (as required for divorce), or due to religious and/or personal reasons. 

What are the grounds for annulment?

There are two categories to show that your marriage should be annulled. These categories are void and voidable marriages.

Void Marriages

These are marriages that were never legally valid, meaning they are 'void'. The grounds for this are as follows:

• One or both parties were under the age of 18 (or under 16 if the marriage took place before 27 February 2023);
• The parties are closely related;
• One party was already married or in a civil partnership;
• Either party is a prisoner serving a whole life sentence and did not obtain the Secretary of State's consent to the marriage;
• The relationship is a polygamous marriage conducted outside the jurisdiction; and
• The relevant formalities under the Marriage Act 1949 have not been complied with.

Voidable Marriages

These are marriages that were legally valid at the time, but meets one of the reasons that makes them 'voidable':

• Lack of consent i.e. if one party was forced into marriage;
• The marriage was not consummated (not applicable to same-sex couples);
• One party was pregnant by someone else at the time of the marriage or the respondent has a venereal disease;
• At the time of the marriage, either party has a mental disorder; and
• One spouse is in the process of transitioning to a different gender.

The annulment process

The timeframes surrounding annulment can be tight. In the majority of cases an application to the court to annul the marriage should be made within three years from the date of marriage.

The court can give leave if the proceedings are not started within three years, for example, if the judge is satisfied that the petitioner has suffered a mental disorder (there are further reasons). As stated previously there is no the requirement to wait 12 months before applying, unlike divorce.

The relevant party known as the petitioner will need to file a nullity petition with the court. This should outline the grounds for annulment alongside the relevant documentation (you will likely need assistance with this).  You will need to pay a fee of £550 to file the petition.

The other party will then have 14 days to acknowledge service of the application and respond, by accepting or disputing. If agreed, the petitioner will need to apply for a conditional order. If the petition is disputed, the petitioner will need to make a case to a judge (this is, again, where an expert will be required).

When the conditional order is granted, there will be a six-week waiting period until the petitioner can apply for the final order (also known as the ‘decree of nullity’), which formalises the annulment.

It's important to note that a financial arrangement between the parties should be made after the annulment has been finalised. 

If you meet the above criteria and are considering annulling a marriage, our family lawyers can help. Speak to a member of our team to find out more. 

Our content explained