What is an annulment?

An annulment is a process by which you can bring your marriage to an end within the first year. It is a declaration that your marriage was not legally valid.

What are the advantages of an annulment?

The main advantage of annulment is that, if you meet the criteria, you can get an annulment within the first year of marriage. In fact, there is no required waiting period before your marriage can be annulled.

Is an annulment an option for me?

We are here to help. If you are unsure whether you are eligible for an annulment, one of our specialist family lawyers can discuss this with you.

My marriage has been annulled, can I remarry?

Yes. Both you and your ex are free to remarry.

My ex was already married when we got married. What do I do?

You should be able to apply to have your marriage annulled because it was never legally valid. You will need to show evidence to the court of your ex’s pre-existing marriage.

My wife is pregnant, I’m not sure it’s mine. Can I get our marriage annulled?

The only way you could have the marriage annulled is if you knew your wife was pregnant during the wedding and that the baby was not yours. If you can show that the pregnancy happened before your wedding and there is evidence to show the child is not yours, you should be able to apply for an annulment.

How do you annul a marriage?

By making an application to the court. Applying for an annulment is similar to getting a divorce and involves two stages – getting an interim or conditional order and then, six weeks later, being able to apply for the final order (sometimes called a decree of nullity) which will formally end your marriage.

How long do you have to annul a marriage?

You must make your application for annulment within a reasonable time.

Is a religious annulment different to a legal annulment?

Several religions recognise annulment, but legal annulment is different from a religious annulment. If, for example, you want to remarry you will need to legally end your current marriage either through divorce or annulment. A religious annulment does not legally end your marriage.

What is a voidable marriage?

A voidable marriage is valid until an annulment has been granted confirming that it is now invalid. Usually, the marriage was valid at the beginning, but something has happened since the wedding to make it invalid. For example, it becomes clear one spouse did not consent to the marriage or one spouse is refusing to consummate the marriage.

My partner and I are getting our marriage annulled. Will I be able to ask the court for financial orders, for example a share of our house?

Whether your marriage is void or voidable, if you can annul your marriage, the court has the same powers as it does on divorce to decide how your finances should be split. You should speak to a specialist family lawyer to get advice on what financial settlement you can expect to receive.

Annulment

Divorce is not always the right route to bring your marriage to an end. Unlike divorce, an annulment declares the marriage null and void, as if it never existed.

Is annulment an option for my marriage?

The result of an annulment and a divorce is the same. You are no longer married and each of you is free to marry again. However, the circumstances in which you can get an annulment differ to those in which you can get a divorce. Our family lawyers can provide expert legal advice on annulment and whether this is the right route for you.

Our lawyers

We understand that separation of any kind can be difficult but, regardless of your reasons for annulment, our lawyers will help to make the process as easy as possible.

Our family lawyers have extensive experience advising on alternatives to divorce, including situations involving the possible annulment of a marriage. Some recent examples we have helped clients with include:

A husband whose marriage was void because his ex was already married to someone else
A wife who had married the same person twice and wasn’t sure which of their marriages was valid
A husband whose wife had refused to consummate their marriage

What you need to know

Unlike divorce, where you cannot start proceedings until you have been married for at least a year, annulment is a way to end a marriage within its first year. However, the grounds for getting an annulment are not always straightforward and are quite different from getting a divorce.

Annulment could be appropriate for you if you don’t think your marriage or civil partnership is legal. A judge will investigate your situation and decide if your marriage is either:

Void – your marriage or civil partnership never legally existed in the first place
Voidable – your marriage or civil partnership was legal at the beginning, but it isn’t legal anymore

Some of the reasons why your marriage or civil partnership might be considered void are:

You and your ex are closely related
One or both of you were underage when you married
One of you is already married or in a civil partnership with someone else

Some of the reasons why your marriage might be considered voidable are:

Your marriage was never consummated (this only applies to opposite sex couples)
You did not consent to the marriage
Your ex had a sexually transmitted disease when you got married
Your ex was pregnant by someone else when you got married
One of you is in the process of transitioning to a different gender

Annulment is a complex area of law and it is important to take advice from lawyers who can help you to properly understand how this applies to your circumstances.

You can apply to the court to have your marriage annulled immediately after your wedding. Most annulments take place in the first three years of marriage.

Importantly, if you can annul your marriage, the court will have the power to make financial orders between you and your ex, or approve a financial agreement you have negotiated.

Frequently Asked Questions

What is an annulment?

An annulment is a process by which you can bring your marriage to an end within the first year. It is a declaration that your marriage was not legally valid.
What are the advantages of an annulment?

The main advantage of annulment is that, if you meet the criteria, you can get an annulment within the first year of marriage. In fact, there is no required waiting period before your marriage can be annulled.
Is an annulment an option for me?

We are here to help. If you are unsure whether you are eligible for an annulment, one of our specialist family lawyers can discuss this with you.
My marriage has been annulled, can I remarry?

Yes. Both you and your ex are free to remarry.
My ex was already married when we got married. What do I do?

You should be able to apply to have your marriage annulled because it was never legally valid. You will need to show evidence to the court of your ex’s pre-existing marriage.
My wife is pregnant, I’m not sure it’s mine. Can I get our marriage annulled?

The only way you could have the marriage annulled is if you knew your wife was pregnant during the wedding and that the baby was not yours. If you can show that the pregnancy happened before your wedding and there is evidence to show the child is not yours, you should be able to apply for an annulment.
How do you annul a marriage?

By making an application to the court. Applying for an annulment is similar to getting a divorce and involves two stages – getting an interim or conditional order and then, six weeks later, being able to apply for the final order (sometimes called a decree of nullity) which will formally end your marriage.
How long do you have to annul a marriage?

You must make your application for annulment within a reasonable time.
Is a religious annulment different to a legal annulment?

Several religions recognise annulment, but legal annulment is different from a religious annulment. If, for example, you want to remarry you will need to legally end your current marriage either through divorce or annulment. A religious annulment does not legally end your marriage.
What is a voidable marriage?

A voidable marriage is valid until an annulment has been granted confirming that it is now invalid. Usually, the marriage was valid at the beginning, but something has happened since the wedding to make it invalid. For example, it becomes clear one spouse did not consent to the marriage or one spouse is refusing to consummate the marriage.
My partner and I are getting our marriage annulled. Will I be able to ask the court for financial orders, for example a share of our house?

Whether your marriage is void or voidable, if you can annul your marriage, the court has the same powers as it does on divorce to decide how your finances should be split. You should speak to a specialist family lawyer to get advice on what financial settlement you can expect to receive.

Annulment attorney