Services

Grounds for Nullity of a marriage

If you wish to get your marriage annulled, you will have to show that the marriage was either not legally valid (void), or your marriage is voidable.

If your marriage was void, this means that it never existed. For example:

• Either you or your partner were already married or in a civil partnership;
• One or both of you were not the requisite age to marry at the time the marriage was undertaken (one or both of you were under 18/ under 16 if the marriage took place before the 27^th February 2023)
• You are closely related to the person you married.

If your marriage was voidable, you can also annul the marriage. For example:

• it was not consummated – you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples);
• you did not properly consent to the marriage – for example you were forced into it;
• the other person had a sexually transmitted disease (STD) when you got married;
• your spouse was pregnant by someone else when you got married;
• one spouse is in the process of transitioning to a different gender.

When and how can you annul a marriage?

In order to apply for an annulment you or your spouse must have lived in England (or Wales) for a minimum of one year. The application must be made within three years from the date you were married or within six months if the grounds are based on a gender recognition certificate.

An application for annulment (two copies) must be filed at the family court, along with any evidence to support your grounds. This application carries a £593 court fee. Once the application has been processed, you will be notified that the application has been issued to your spouse.

Your spouse will be required to respond to the application within fourteen days either agreeing or disagreeing with the annulment. Once a response is received, you may then apply for a conditional order (previously named a decree nisi). Six weeks after the conditional order is issued by the Court, you can then apply for a final order (decree absolute).

If you require further advice, information or assistance regarding the service outlined above, please get in touch below: