Marriage annulment and divorce: what is the difference?

There are two ways to bring a marriage to a legal end: marriage annulment and divorce.

If your relationship has broken down, you may be wondering whether marriage annulment or divorce is the right option for you. In this article, we will discuss the key differences between marriage annulment and divorce, as well as the next steps to take if you want to officially end your marriage.

How to annul a marriage

Marriage is a serious commitment in the UK, both legally and emotionally. But sometimes, couples find themselves in a situation where they need to annul their marriage.

Whether because of fraud, mistake or force, there are certain steps that need to be taken to ensure a successful marriage annulment in the UK.

In this blog post, we’ll explore what it takes to annul a marriage in the UK, from gathering evidence and filing paperwork to waiting for the final court decision. Read on for an overview of how you can annul your marriage in the UK legally and correctly.

The grounds for annulment in the UK

There are three primary grounds for annulment in the UK: non-consummation, bigamy, and lack of mental capacity. Non-consummation is the most common reason for annulment, and occurs when one party to the marriage has not consummated the union through sexual intercourse.

Bigamy occurs when one party to the marriage is already married to someone else, while lack of mental capacity can occur when either party to the marriage was unable to understand the nature and consequences of marriage due to a mental illness or disability.

The process for annulling a marriage in the UK

If you want to annul your marriage in the UK, you will need to follow a specific process. First, you will need to file a petition with the court. This petition must state the grounds on which you are seeking an annulment. The grounds for annulment in the UK include:

-The marriage was not consummated
-One of the spouses was under the age of 16 at the time of the marriage
-One of the spouses was already married or in a civil partnership at the time of the marriage
-The marriage was entered into as a result of force or duress
-The marriage is voidable because it is within the prohibited degree of relationship

Once you have filed your petition, you will need to attend a hearing. At this hearing, a judge will decide whether or not to grant your annulment. If your annulment is granted, it will be as if your marriage never happened.

The consequences of annulling a marriage in the UK

When a marriage is annulled, it is as if the marriage never took place. This means that there are no financial consequences for either party. However, there may be other consequences that you need to consider before making the decision to annul your marriage.

If you have children from the marriage, they will still be considered your legal children even if the marriage is annulled.

This means that you will still have a legal obligation to provide for them financially and emotionally. You will also need to make arrangements for custody and visitation if you have joint child custody.

If you own property together, you will need to figure out how to divide it up between yourselves since you are no longer married.

This can be a difficult process, especially if there is disagreement between the two of you about who should get what. You may need to seek help from a mediator or lawyer to assist you in dividing up your property.

Annulling your marriage can also have emotional consequences.

It can be difficult to deal with the fact that your marriage is not legally recognized and that you are no longer married in the eyes of the law. You may also find it hard to tell family and friends about your decision to annul your marriage.

How to prevent your marriage from being annulled in the UK

If you want to prevent your marriage from being annulled in the UK, there are a few things you can do. First, make sure that you are legally married.

This means that you have a valid marriage license and that your marriage has been registered with the authorities. Second, make sure that both you and your spouse are committed to the marriage and are willing to work on it. third, keep communication open between you and your spouse and be honest about your feelings and concerns.

Lastly, if you have any doubts about whether or not your marriage is valid, consult with a lawyer before taking any further action.

How do you annul a marriage?

The process of annulling a marriage in the UK is not as simple as many people think. In order to successfully annul a marriage, there must be a legal reason for doing so. The most common grounds for annulling a marriage in the UK are:

-The marriage was never consummated
-One of the spouses was under the age of 18 at the time of the marriage
-One of the spouses was already married to someone else at the time of the marriage
-The marriage was entered into under duress or coercion
-The marriage was entered into by mistake

If you believe that your marriage meets one or more of these criteria, then you can begin the process of annulling your marriage by contacting a solicitor.

The solicitor will assess your case and, if they believe that you have grounds for an annulment, will help you to file the necessary paperwork with the court.

If you are successful in having your marriage annulled, it will be as though the marriage never took place. This means that you will be able to marry again as if you were single.

What are the grounds for getting an annulment?

There are a number of grounds for getting an annulment, which are set out in the Matrimonial Causes Act 1973. The grounds are as follows:

1. That the marriage has not been consummated because of the incapacity of either party to consummate it;

2. That the marriage has not been consummated because of the wilful refusal of either party to consummate it;

3. That either party was under the age of 16 at the time of the marriage;

4.That the marriage was entered into by means of duress or fraud;

5. That either party was already married to someone else (i.e. the marriage is bigamous);

6. That the marriage was entered into in breach of certain prohibitions relating to marriages between persons who are related to each other (i.e. it is voidable on the ground of kinship); and/or

7. That the marriage has irretrievably broken down due to the adultery or unreasonable behaviour of either spouse.

How long do you have to annul a marriage?

In the UK, you can annul your marriage if it has not been consummated and you have not lived together as a married couple.

This means that you must have proof that you have not had sexual intercourse with your spouse and that you have not lived together since you got married.

If you meet these criteria, you can apply for an annulment through the court. The process can take several months, so it is important to act quickly if you want to annul your marriage.

What is a religious annulment?

A religious annulment is a legal process that allows a couple to have their marriage nullified in the eyes of the church. This process is different from a civil annulment, which is granted by the state and grants a divorce.

A religious annulment can only be granted by a church tribunal and does not necessarily end the marriage in the eyes of the law.

The most common reason for seeking a religious annulment is if one or both partners were married previously and have not obtained a civil divorce.

If this is the case, an annulment may be needed in order to remarry within the Catholic faith. Other reasons for seeking a religious annulment include lack of consent to marry, mental incapacity at the time of marriage, bigamous marriages, force or fraud involved in obtaining consent to marry, and failure to consummate the marriage.

If you are considering seeking a religious annulment, it is important to speak with your priest or other clergy member about your specific situation.

They can help you determine whether or not you meet the requirements for an annulment and guide you through the process.

What is a void marriage?

A void marriage is one which is not legally recognised and therefore has no legal force or effect. In the UK, a void marriage is one which is bigamous, polygamous, incestuous, or where one of the parties was under the age of 16 at the time of the marriage.

Void marriages can be annulled by either party to the marriage.

What is a voidable marriage?

When a marriage is voidable, it means that it is not legally binding. This can be because of different reasons, such as one partner being under the age of 18, or if the marriage was not consummated.

If you want to annul a voidable marriage, you will need to prove to a court that your reasons for doing so are valid.

Can you get financial provision when getting an annulment?

In the UK, you can get financial provision when getting an annulment in some circumstances. For example, if you were married for less than a year and you have not been able to come to an agreement about finances with your ex-partner, you may be able to get financial provision from them.

If you have children, you may also be able to get child support from your ex-partner. The amount of child support you can get will depend on their income and the needs of your children.

You may also be able to get maintenance from your ex-partner if they earn more money than you do.

The amount of maintenance you can get will depend on your needs and the needs of any dependent children.

How long does an annulment take?

The time it takes to annul a marriage in the UK varies depending on the grounds for the annulment.

If the annulment is based on lack of consummation, either party can apply for an annulment immediately after the marriage.

If the annulment is based on fraud or force, then you must wait until you have been married for at least 3 months before applying. The process of applying for an annulment can take several months, so it is important to plan ahead if you think you may need to annul your marriage.

Do you need to go to court to have a marriage annulled?

In short, no. You don’t need to go to court to have a marriage annulled in the UK. The process is actually quite simple and can be done entirely through paperwork. However, if you want to file for an annulment on the grounds of fraud or duress, you will need to go to court.

Speak to an experienced marriage annulment solicitor today

If you are considering annulling your marriage, it is important to speak to an experienced solicitor who can advise you on the best course of action.

It is important to seek legal advice from a qualified divorce lawyer to understand your rights and options when it comes to the division of property in a divorce with children.

Our divorce lawyers can help you negotiate a settlement that is fair and equitable and protects your interests.

There are a number of grounds on which you can annul a marriage in the UK, and your solicitor will be able to help you determine whether you meet the criteria.

They will also be able to assist you with the paperwork and process of applying for an annulment.

If you have been married for less than six months, there is a presumption that your marriage can be annulled. However, if you have been married for longer than six months, you will need to prove that your marriage meets one of the following grounds:

– That the marriage has not been consummated (i.e. sexual intercourse has not taken place)
– That either party was already married or in a civil partnership at the time of the marriage
– That either party is under 16 years old
– That the marriage was forced or entered into under duress
– That either party suffers from a mental disorder that means they did not understand what they were doing when they got married
– That either party lacked consent to the marriage (for example, if they were intoxicated at the time)
– That the marriage is void because it is incestuous (i.e. between close relatives) or bigamous (i.e. one of the parties is already married).

What’s marriage annulment?

Marriage annulment is one way of ending a marriage.

When you annul a marriage, you are saying that the marriage is either not legally valid – ‘void’ – or ‘voidable’.

This is the key difference between marriage annulment and divorce. Annulling a marriage is effectively ‘cancelling’ the marriage, whereas divorce is legally bringing the marriage to an end.

How does marriage annulment work?

In order to get a marriage annulment, your marriage will need to be:

• ‘Void’ or
• ‘Voidable’

A marriage can be said to be ‘void’ – or not legally valid – for a number of reasons.

For example, if you or your partner were under 16 when you were married, your marriage would not be legally valid. This would also be the case if either of you were already married or in a civil partnership when your marriage took place.

In the eyes of the law, a ‘void’ marriage never existed in the first place. This is very different to divorce, which legally ends a marriage, rather than saying it never existed.

Marriages can be ‘voidable’ (and therefore annulled) for various different reasons. One of the most well-known reasons is that the marriage was not consummated i.e. the couple have not had sexual intercourse since the marriage took place. This cannot be used for same-sex couples.

A marriage may also be ‘voidable’ if one party had a sexually transmitted disease when the wedding took place.

Marriage annulment when a marriage is ‘voidable’ is similar to divorce, in that your marriage will exist legally until you annul it.

A solicitor should be able to advise you if your marriage is either ‘void’ or ‘voidable’ and can therefore be annulled.

How to get marriage annulment

Marriage annulment should be carried out by completing a document known as a ‘nullity petition’ and then sending 2 copies to your nearest divorce court. At the time of writing, this costs £550.

How is marriage annulment different to divorce?

Unlike divorce, you do not need to have been married for a year in order to have your marriage annulled.

In order to get a divorce, you will need to show that your marriage has irretrievably broken down. This is not necessary when it comes to a marriage annulment. You will just need to provide a reason why your marriage is either ‘void’ or ‘voidable’.

Whether you want a marriage annulment or divorce, it is highly recommended that you seek advice from a solicitor. Not only will they be able to help you choose between marriage annulment and divorce, they will also ensure that there are no unnecessary delays caused by mistakes on the forms.

Other articles that may be of interest to you?

How long does a divorce take?

What is the divorce process?

How to annul a marriage?

How can our expert divorce solicitors help advice you how to annul a marriage?

Our expert divorce solicitors can help you on how to annul a marriage and advise on a range of legal issues:

• Prenuptial agreements
• Cohabitation agreements
• Post civil partnership agreements
• Divorce
• Domestic violence and harassment
• Child maintenance
• Child contact arrangements
• Divorce financial provisions

Contact our expert divorce solicitors for marriage annulment advice

For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.

Our expert divorce solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in our:

Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW

Sheffield Office: Pinfold Street, The Balance, Sheffield, S1 2GU

Manchester Office: King Street, Manchester, M2 4PD

Wakefield Office: Market Walk, Wakefield, WF1 1QR

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

London Office: 01 Nothumberland Avenue, Trafalgar Square, London, WC2N 5BW

Please contact us for more details.