Marriage annulment, also referred to as “nullity”, is a way of formally ending a marriage that is not legally valid. It is possible to apply for a marriage annulment at any point, either within or after the first year of marriage. With annulment, a marriage is made “null” and “void”, meaning that, in the “eyes of the law”, it never happened. Divorce, on the other hand, brings a marriage to an end where there is no question over its validity. It is also necessary to wait for 1 year before applying for a divorce, whereas you can apply for annulment within the first year of marriage.
It is important to bear in mind that while you can apply for annulment of your marriage at any time, if there is a long period of time between your marriage and your application, you may need to explain the reason for any delay. It is also advisable, where possible, to discuss with your husband or wife any arrangements for looking after your children, child maintenance, and how you will split your money and assets (e.g. property). If you cannot agree on these matters, you may be able to ask the court to make a decision on your behalf.
In order to make a successful application for the annulment of your marriage, you will need to ensure that one of the grounds for annulment applies (see below).
Grounds for annulment
The grounds for annulment are that the marriage is not legally valid (“void”) or the marriage is “voidable”.
Not legally valid marriage
Your marriage may be void or not legally valid if you can show that you:
- You are closely related to the person you are married to.
- Either party was under 18 when you married (or under 16 if you were married prior to 27th February 2023).
- Either party was already married or in a civil partnership.
If your marriage was not legally valid, then once it is annulled, it is deemed never to have happened in the eyes of the law.
Voidable marriage
Your marriage may be voidable and, therefore, annulled if:
- You did not consummate your marriage – it is important to note that this rule does not apply to same-sex couples.
- You never provided proper consent for your marriage – this may be the case if you were forced into marrying against your wishes.
- Your spouse had a sexually transmitted disease (STD) at the time of your marriage.
- Your spouse was pregnant by another person at the time of your marriage.
- Your spouse is in the process of gender transition.
How to get a marriage annulled
To get your marriage annulled, you will need to complete the following steps:
- Print and complete Form D8N ¹.
- Send 2 copies of the completed D8N form with a fee of £593 to the following address:Bury St Edmunds Regional Divorce Unit, Triton House, St Andrew’s Street North, Bury St Edmunds, IP33 1TR
- On receipt of your application for marriage annulment, your application will be checked, and if approved, a notice that your application will be issued to your spouse.
- Your spouse will have 14 days to respond to the notice stating that they agree the marriage should be annulled.
- Apply for a Conditional Order – using Form D84NV ²
- Apply for a Final Order – you will need to wait for at least 6 weeks from the date of your Conditional Order before you apply for a Final Order. To apply for a Final Order, you will need to complete Form D36N ³.
Depending on whether your spouse agrees to annul your marriage, the total process of marriage annulment may take from 10 – 12 weeks up to 6 to 9 months for more complex cases.
References
1 GOV.UK: Form D8N
2 GOV.UK: Form D84NV
3 GOV.UK: Form D36N