Annulment of marriage: how does it differ from divorce

Curious about the legal concept of annulment of marriage and how it differs from divorce? Our blog dives into the intricacies of this often misunderstood process. “What is an Annulment?” explores the fundamental aspects of annulment, shedding light on its definition, requirements, and implications. Whether you’re considering annulment as an option or simply seeking to understand its nuances, our comprehensive guide will demystify this legal procedure, empowering you with the knowledge to navigate marital dissolution with clarity and confidence.

What is an annulment of marriage?

Just like a divorce, an annulment brings your marriage to an end. However, whilst a divorce dissolves your marriage, an annulment of marriage means that in the eyes of the law, the marriage never took place.

Applying for an annulment of marriage

An Annulment of marriage, sometimes known as nullity is a different way of ending a marriage. You can apply for annulment in the first year of your marriage or any time after.  You will need to show that the marriage was never legally valid (void) or was legally valid but meets one of the reasons that makes it voidable:-

1. You are closely related to the person you married
2. One or both of you were under 18 (or under 16 if the marriage took place before 27.2.23)
3. One of you was already marriage or in a civil partnership

However, you may need legal paperwork (a decree of nullity or nullity of marriage order) to prove this.

A voidable marriage, however, is one which is valid in law until a decree of nullity has been obtained.

What are the reasons for an annulment of marriage?

• That the marriage has not been consummated  – you have not had sexual intercourse with the person you have married since the wedding (does not apply to same sex couples)
• You did not properly consent to the marriage – for example you were forced into it
• The other person had a sexually transmitted disease when you got married
• Your spouse was pregnant by someone else when you got married
• One spouse is in the process of transitioning to a different gender.

How can Taylor Bracewell’s Family team assist you?

If you need assistance in relation to the annulment of marriage, contact our friendly experts. Call our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alternatively, you can fill out our online enquiry form.