What is an Annulment and When Can You Get an Annulment?

Much like a divorce, the process of annulment is a legal way, in the UK, of ending a marriage. However, unlike a divorce, with an annulment you don't have to wait one year. 

You can apply to get a marriage annulled by a court at any time after a wedding has taken place; although its likely a court might ask for a good, satisfactory explanation for the delay if several years has passed since the marriage took place. 

Often, an annulment is an option for spouses with religious reasons for wanting to avoid a divorce - but there are several reasons that can be used for requesting an annulment: 

• Void Marriages (If a marriage is not legally valid);

• Marriage wasn't legal because one or both parties where underage (16 in the UK)

• One of the parties was already married or in a civil partnership

• It's found that the parties are closely related (siblings / father-daughter / mother - son). 

• Voidable Marriages (If a marriage is defective)

• Not properly consenting to the marriage (example - forced or drunk).

• At the time of the marriage either party had an STD.

• Female was already in a state of pregnancy by another man.

• Marriage was not consummated. You haven't had sex with the other party since the wedding (Does not apply to same sex couples). 

There is a specific nullity petition for annulling a marriage or civil partnership. You will need to fill in a statement of annulment, confirming that you have stated the truth in your nullity petition. The other party has 8 days to respond to the nullity petition; they must state whether or not they agree to the annulment of the marriage. 

To find out more about the annulment process and the costs involved, talk to RJS Family Law.