What is an Annulment?

An annulment is a legal route to declaring a marriage null and void and not legally valid. It is a legal procedure governed by strict criteria and can have implications for both parties. The following article explains more about the process of getting an annulment, including if you are eligible, what to expect, and how long it takes.

Clearly stating valid legal reasons why the marriage was never legally binding, one party must petition the court to start the annulment process. You can seek an annulment at any time. This is different to a divorce which requires a waiting period of one year following a marriage.

Certain criteria must be met for an annulment to be granted. Examples of this can include bigamy or a failure to comply with the correct law when getting married. There can also be times when a marriage will be annulled due to factors such as lack of consent (coercion, fraud, or mental incapacity) or non-consummation.

Divorce and annulment differ fundamentally. An annulment establishes that the marriage was invalid from the outset, whereas a divorce ends a legally valid marriage. It is important to understand that annulments and divorces can have different outcomes regarding division of property, financial settlements, and spousal support.

With details of the marriage and the reasons why it should be deemed invalid, a petition is submitted to the Family Court. Evidence of the specific grounds of annulment (e.g., lack of consent) are required, alongside documents such as your marriage certificate. The petition is then reviewed by the court. If it is approved, a decree of nullity is granted.

Compared to a divorce, annulment often involves more detailed legal arguments and evidence, adding time to the process. The process will often take six months or longer to finalise, perhaps significantly longer. You may have to attend a court hearing if your spouse contests the annulment.

You can remarry after your marriage has been annulled. An annulment legally declares that the marriage was never valid from the start, allowing both parties to move forward without restrictions on entering a new marriage.

The cost of an annulment includes a court filing fee, currently £593, as well as any additional legal fees if you seek professional guidance. Costs can vary depending on the complexity of the case, especially if disputes arise over the grounds for annulment or other matters.

As a legal route to dissolve a marriage, an annulment requires careful consideration of the legal requirements and the potential financial implications. If you think you meet the criteria for annulment, we can help guide through this process, ensuring your rights are protected and your case is presented effectively.

As leading family lawyers in Milton Keynes, we are here to help. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, Watford solicitors, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.