Annulment explained

What is annulment?

An annulment (legally called a “nullity order”) declares that a marriage was never legally valid. Unlike divorce, which ends a valid marriage, annulment treats the marriage as though it never existed in the eyes of the law.

Annulments are granted by the court and are relatively rare. You’ll need to prove that your marriage falls into one of the legally recognised categories that make it invalid.

Void marriages vs voidable marriages

There are two types of invalid marriage:

Void marriages

A void marriage was never legally valid from the start. Technically, you don’t need a court order to end a void marriage because it never existed legally. However, many people still seek an annulment for clarity and to resolve practical matters like finances.

A marriage is void if:

• You’re closely related (parent/child, siblings, etc.)
• Either person was under 16 at the time
• Either person was already married or in a civil partnership
• The marriage ceremony wasn’t conducted properly (for example, not at a registered venue)
• For marriages before December 2014, the couple was of the same sex (same-sex marriage became legal in March 2014)

Voidable marriages

A voidable marriage is legally valid until a court declares otherwise. It exists as a real marriage until one person applies to end it.

A marriage is voidable if:

• The marriage was never consummated (you’ve never had sex with your spouse) due to incapacity or refusal – this doesn’t apply to same-sex marriages
• You didn’t properly consent to the marriage (due to duress, mistake, mental incapacity, or because you were misled)
• Your spouse was pregnant by someone else at the time of the marriage (and you didn’t know)
• Your spouse had a sexually transmitted infection at the time (and you didn’t know)
• Your spouse is living in an acquired gender (and you didn’t know when you married)
• You were forced into the marriage

Annulment vs divorce: key differences

Why choose annulment over divorce?

Most people who could apply for annulment choose divorce instead – it’s simpler and doesn’t require proving anything about the marriage’s validity.

However, annulment might be preferred if:

• You’ve been married less than a year – you can’t divorce until you’ve been married 12 months, but you can apply for annulment immediately
• Religious reasons – some religions don’t recognise divorce but do recognise annulment
• You want the marriage treated as never having existed – for personal or cultural reasons, some people prefer this

The practical outcome is similar – both annulment and divorce allow the court to make financial orders and arrangements for any children.

The annulment process

If you believe you have grounds for annulment, you’ll need to:

1. Get legal advice – annulment cases are complex and you’ll almost certainly need a solicitor
2. Gather evidence – you’ll need to prove why your marriage is void or voidable
3. Apply to the court – using Form D8N (not the standard divorce form)
4. Attend a hearing – unlike straightforward divorces, annulment cases usually require a court hearing where you explain your case

The court fee for an annulment is the same as for divorce (£593).

If the court grants your application, you’ll receive a nullity order, which has the same practical effect as a final divorce order.

Forced marriage annulment

If you were forced into marriage against your will, you can apply for annulment regardless of how long ago the marriage took place. The 3-year time limit doesn’t apply to forced marriages.

You may also be able to get a Forced Marriage Protection Order to keep you safe from further coercion.

If you’ve experienced forced marriage, support is available:

• Forced Marriage Unit: 020 7008 0151 (Monday to Friday, 9am–5pm)
• Karma Nirvana: 0800 5999 247 (supporting victims of honour-based abuse and forced marriage)

What if I’m not sure?

If you’re uncertain whether your marriage might be void or voidable, speak to a family law solicitor. They can assess your situation and advise whether annulment is possible or whether divorce would be more appropriate.

For most people, divorce is the right choice. It’s simpler, doesn’t require proving anything about the marriage’s validity, and achieves the same practical outcome – legally ending the relationship and allowing the court to sort out finances and children.