Annulment of Marriage in the UK: What You Need to Know

While divorce is the most common way to legally end a marriage, there are circumstances where an annulment may be more appropriate.

Annulment, also known as a nullity of marriage, is a legal process that declares a marriage either invalid from the outset or voidable due to specific factors. Unlike divorce, annulment can be pursued at any time after the marriage, including within the first year.

When Can You Annul a Marriage?

To apply for an annulment in England and Wales, you must demonstrate the marriage was either:

• Void – meaning it was never legally valid; or
• Voidable – meaning it was legally valid at the time of the ceremony but is capable of being annulled due to specific legal reasons.

Let’s explore each category in more detail.

Void Marriages: Never Legally Valid

A marriage is considered void if it fails to meet essential legal requirements. Common reasons include:

• You or your spouse were already married or in a civil partnership at the time of the ceremony
• One or both of you were under the legal age (under 18, or under 16 for marriages before 27 February 2023)
• You are closely related to your spouse, making the marriage legally prohibited

In such cases, the marriage is treated as though it never existed. However, a decree of nullity (or nullity of marriage order) may still be necessary to formally confirm this, particularly if you intend to remarry or need legal clarification for financial matters.

Voidable Marriages: Legally Valid but Capable of Annulment

A marriage may be annulled on a variety of grounds, including:

• Non-consummation – if the couple has not had sexual intercourse since the wedding (note: this does not apply to same-sex couples)
• Lack of valid consent – for example, where a party was coerced or lacked mental capacity
• Sexually transmitted infection – if one party had an STD at the time of marriage and failed to disclose it
• Pregnancy by another person – if the spouse was pregnant with someone else’s child at the time of marriage
• Gender reassignment – if one party is in the process of transitioning to a different gender

Unlike void marriages, voidable marriages are treated as legally valid until the annulment is granted by the court.

How to Apply for an Annulment

To start the process, you must complete a nullity application form and send two copies to the Court. The online divorce portal is not available for the annulment process.

The current court fee for filing a nullity application is £612.

Key Differences Between Annulment and Divorce

Financial Considerations

Annulment does not automatically resolve financial matters between spouses. In many cases, financial separation must still be addressed through the courts.

• Void Marriages: Financial claims under the Matrimonial Causes Act 1973 are unlikely, but claims may be pursued under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), especially in relation to property or shared assets.
• Voidable Marriages: These are treated more like divorces when it comes to financial provision. You may be able to make financial claims under the Matrimonial Causes Act 1973, including for maintenance, property, and pensions.

It is advisable to seek legal advice to ensure your financial interests are properly protected following annulment.

Need Advice on Annulment?

At MSB , our specialist family solicitors can provide clear, practical guidance on whether annulment is the right route for you and assist with every stage of the process – including resolving complex financial issues that may arise.