Nullity (Annulment of Marriage)
At Descartes Solicitors, our experienced Family Law Team provides clear, sensitive, and practical advice on the annulment of marriages and civil partnerships.
We understand that discovering your marriage may not be legally valid can be both distressing and confusing. Our team will guide you through every step of the annulment process, ensuring your case is handled with care, discretion, and professionalism to help you achieve the best possible outcome.
Call us on 020 8995 3556 for immediate assistance. We are available to help you in person, by phone, or online.
What Is an Annulment?
An annulment is a legal declaration that a marriage is either invalid from the outset or should be treated as if it never legally existed. Unlike a divorce, an annulment can be sought even shortly after the marriage takes place, provided certain conditions are met.
To obtain an annulment, you must demonstrate that your marriage was either never legally valid (void) or that it is legally valid but can be annulled (voidable) under specific grounds recognised by the court.
When Is a Marriage Considered Void?
A marriage is considered void, meaning it was never legally valid, if certain circumstances apply. This includes situations where the parties are closely related, where one or both parties were under 18 years old at the time of the marriage, or where one of the parties was already married or in a civil partnership at the time.
If you wish to remarry, you may need to obtain a Final Order of Nullity from the court to formally confirm that your previous marriage is not valid.
When Can a Marriage Be Considered Voidable?
A marriage may be voidable, meaning it was valid but can later be annulled, under certain legal conditions.
This may apply where the marriage has not been consummated (that is, the parties have not had sexual intercourse since the marriage took place). This ground does not apply to same-sex marriages.
A marriage may also be voidable if one party did not give valid consent to the marriage, for example, due to duress, mistake, or incapacity. Other examples include where one party was suffering from a sexually transmitted infection at the time of the marriage, where the wife was pregnant by another person at the time of the marriage, or where one spouse has since transitioned to a different gender.
Timeframe for Applying for an Annulment
The time limits for an annulment depend on the grounds being used.
For a void marriage, there is no time limit to apply for a Final Order of Nullity, as the marriage is treated as never having legally existed.
For a voidable marriage, an application should normally be made within three years of the date of the marriage. However, if the application is based on a Gender Recognition Certificate, it must be made within six months of the certificate being granted.
Our Family Law Team will ensure your case is handled promptly and within the relevant time limits, advising you on all necessary steps and documentation.
Eligibility to Apply for Annulment
To apply for an annulment in England and Wales, either you or your spouse must be domiciled or habitually resident in England or Wales at the time of the application.
In most cases, this means that one or both parties have lived in England or Wales for at least 12 months immediately before applying, or have their permanent home here.
Our team will confirm your eligibility and guide you through the specific court requirements that apply to your circumstances.
How to Apply for an Annulment
Once the grounds for nullity have been established, our Family Law Team will prepare and file an application with the family court together with a statement outlining the basis of your claim. The application must clearly demonstrate the reasons why the marriage should be declared void or voidable.
We will assist you in gathering the necessary evidence and supporting documents, and will keep you informed throughout the process until a final decision is reached by the court.
Financial Matters Following Annulment
Following an annulment, whether the marriage is declared void or voidable—the court has the same powers to make financial orders as it does in divorce proceedings. This includes orders relating to property, pensions, maintenance, and financial provision.
Our Family Law Team will advise you on the appropriate financial steps to protect your interests and secure a fair outcome.
Additional Family Law Services
In addition to handling marriage annulments, our Family Law Team provides professional advice and representation across a wide range of related matters, including:
Preventing parental child removal, special guardianship orders, adoption, child maintenance disputes, mediation and dispute resolution, enforcement in the family court, and the effective service of court documents.
Our broad experience across all areas of family law ensures that every aspect of your situation is handled with care, diligence, and attention to detail.