Annulment Solicitors

If you need support to obtain an annulment, our expert annulment solicitors at Family Law Partners can help.

An annulment refers to the legal process of ending a marriage by demonstrating that the marriage was not legally valid in the first place (‘void’), or that the marriage was legally valid, but is ‘voidable’. This process is not the same as getting a divorce, and your personal circumstances will dictate whether there are grounds for annulment.

Applications for annulments are technically known as nullity proceedings and the court will either make a nullity order or nullity of marriage order depending on whether your marriage was void or voidable.

Void marriages

A void marriage is one that the court regards as being never legally valid and void at its inception. There are very limited grounds under which a marriage is considered as void under English law:

• If either party was under the age of 18 when they got married
• If either party was already in an existing marriage
• Where the parties are closely related to one another

Voidable marriages

Your marriage can also be considered ‘defective’ in the eyes of the law, meaning that it can be made voidable. There are various grounds on which a marriage is voidable, including:

• If the marriage has not been consummated
• You did not consent to the marriage (for example, if you were coerced)
• Your spouse had a sexually transmitted disease at the time of marriage
• Your spouse was pregnant with someone else’s child at the time of marriage
• The respondent spouse is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004 if the applicant was ignorant of this at the time of the marriage

Our marriage annulment solicitors will be able to review the circumstances of your case and inform you if you might be eligible for an annulment. If you are in a position where you are able to get an annulment, we will support you through the entire process whilst providing legal advice tailored to your situation. We understand that these circumstances can feel overwhelming, so we take extra steps to ensure that your concerns are heard and addressed.

How Family Law Partners can help you with your marriage annulment

Our annulment services include:

• Legal advice – regarding whether your circumstances mean that you might qualify for an annulment
• Case evaluation – an analysis of the benefits and risks to you
• Application preparation – our team will work with you to prepare and file the relevant application
• Representation – our solicitors can legally represent you throughout the entire annulment process

Contact our annulment solicitors

To contact our marriage annulment solicitors, you can call our office on 0330 404 5878 or email us at [email protected].

You can also use our contact form to request a call back. Our staff always take a sensitive and professional approach, so please don’t hesitate to get in touch.

The annulment application process

When applying for an annulment, there is a rigid process to follow, so it is advisable to seek legal support as early as possible.

To annul a marriage you will need to make an application and pay a court fee of £593. It is necessary to state the grounds on which your application is based, and explain why the marriage should be annulled.

Our expert solicitors have extensive experience in this area and can fill out and submit this application on your behalf.

Your spouse is required to respond to the nullity application within 14 days, saying whether they agree that your marriage should be annulled. Should they agree, you will then have to apply for a conditional order confirming that there is no reason that the marriage should not be annulled. You will also need to provide a statement confirming that the contents of the application are true.

Once this has been done, the court will then review the forms submitted and decide whether the marriage annulment requirements have been met. The Court has the option to reject the application if it is not satisfied that the requirements have been met.

Should the court then be satisfied that the marriage can be annulled, you will receive a final order stating that your marriage was never legal, or that you are no longer married. It is difficult to predict how long this will take due to various factors affecting the length of each case, but typically the process takes between 3-6 months.

If you have any questions about how to annul a marriage please do not hesitate to contact our marriage annulment solicitors.

Frequently asked questions

What is a marriage annulment?

A marriage annulment is a legal process that essentially confirms that either your marriage never existed in the eyes of the law or that it did exist, but is voidable. It is different from a divorce, which brings a formal end to a legal marriage.

What are the grounds for annulling a marriage?

The grounds for annulment in England depend on whether the marriage is void or voidable, for example, if the person in question was under the age of 16 at the time of marriage or if one of the partners was already in an existing marriage, the marriage would be viewed as void, and consequently, eligible for annulment.

Do you have to pay for an annulment?

Yes, the court fee for an annulment is £593, excluding any legal fees paid to your solicitor.

Do both parties have to agree to an annulment?

No, both parties do not have to agree to an annulment for it to be successful. The individual who is seeking the annulment can apply on their own, as long as they meet the criteria for getting an annulment.

If one person wants an annulment, they would then need to file an application with the court and provide the evidence required. The court will then consider the application and may grant an annulment if the grounds are met.

It is important to note that this process can be complex, therefore requiring specialised support from an experienced annulment solicitor.

Why choose an annulment over a divorce?

There are many reasons why an individual may want to choose an annulment over a divorce. For example, in some religions and/or cultures, divorce may be viewed unfavourably. In these situations, an annulment which declares that the marriage is void may be seen as a more attractive alternative to avoid social stigma and conflict with one’s internal beliefs.

While this is the case, it is worth noting that not everyone will be eligible to get an annulment, it is only an option if it can be proved that the marriage was never legally valid, or that the marriage is voidable or ‘defective’. For those who want to avoid a divorce but are not eligible for an annulment, a legal or judicial separation should instead be considered.

Contact our annulment solicitors

To contact our friendly annulment solicitors, you can call our office on 0330 404 5878 or email us at [email protected].

You can also use our contact form to request a call back. Our staff always take a sensitive and professional approach, so please don’t hesitate to get in touch.