Annulment Solicitors
Many people consider annulment as a way to end their marriage quickly, rather than waiting the standard one-year period required for divorce. However, whether you can get an annulment depends on your circumstances.
At Lawhive, our network of expert annulment solicitors is on hand to help you understand if you can get an annulment and move through the process quickly.
To discuss marriage annulment and your options, contact our legal assessment team for a free case evaluation.
What is an annulment?
An annulment (sometimes called ‘nullity') is when a court declares that a marriage was never legally valid or has become invalid due to specific legal reasons, such as the marriage hasn't been consummated or one party was already married.
When you get an annulment, it’s as if the marriage never happened.
When can you annul a marriage?
To get an annulment, you must show that the marriage was either never legally valid or is voidable.
Annulment for void marriages
You can seek an annulment if your marriage wasn't legally valid to begin with. This includes cases where:
You’re closely related to your spouse
Either of you were under 18 (or under 16 before February 27th 2023)
One of you was already married or in a civil partnership.
Annulment for voidable marriages
A marriage may become voidable for various reasons, including
Non-consummation (this doesn’t apply to same-sex couples)
Lack of proper consent, such as being forced into marriage.
One spouse had a sexually transmitted disease at the time of marriage.
One spouse was pregnant by someone else at the time of marriage
One spouse was in the process of transitioning to a different gender.
What’s the difference between annulment and divorce?
Divorce ends a legal marriage, while annulment declares the marriage was either never legally valid or has become invalid.
You can’t get a divorce within the first year of marriage, but you can seek annulment.
How to apply for an annulment
Check your eligibility
You can apply for an annulment as soon as you get married, but first, you should check if you meet the legal criteria. A divorce laywer can help you establish the grounds for annulment applicable to your case.
To make your application, you fill out a nullity application form and send two copies to the Regional Divorce Unit.
The application form will ask for information about your marriage, including the date, names of the parties involved, and relevant circumstances.
After filing for annulment, the court will issue a notice and the other party has 14 days to respond, indicating agreement or disagreement with the annulment.
Apply for a conditional order
After the other party responds, you can apply for a conditional order, which is confirmation from the court that there is no reason why the marriage can’t be annulled.
Apply for a final order
Six weeks after receiving the conditional order, you can apply for a final order.
The court will review the application to ensure no issues prevent annulment. If approved, you’ll receive a decree of nullity or nullity of marriage order confirming the annulment.
If the marriage was never legally valid, the order will confirm that you were never legally married.
What is the time limit for annulment in the UK?
Annulment applications must be submitted within a reasonable timeframe, typically within three years after the marriage took place. Alternatively, if a gender recognition certificate is granted, you have six months from that date to apply for annulment.
Do you have to go to court for annulment?
Usually, you won’t have to go to a court hearing to get an annulment unless a disagreement arises during the application process.
Do both parties have to agree to an annulment?
Since an annulment is a declaration that the marriage was either not valid or now voidable, there are no grounds for either party to disagree.
However, disputes between spouses can prolong the process and might lead to a court hearing.
How much does an annulment cost?
It costs £593 to file a nullity application form.
If you use a solicitor to help you apply for an annulment, on average you can expect to pay them anywhere between £150-£200, but in some cases, it could cost as much as £250.
If you need legal advice or help with applying for annulment, contact our legal assessment team today for a free case evaluation and fixed-fee quote for the services of our specialist lawyers.
Is annulment better than divorce?
While divorce is the more common choice for married couples to legally end their union, annulment may be preferable in specific situations given the fact it declares the marriage void and effectively treats it as if it never happened.
Can a civil partnership be annulled?
A civil partnership can be annulled the same way a marriage can, providing the civil partnership is either void or voidable.
What’s the difference between religious and legal annulments?
Various religions recognise marriage annulment but religious annulments do not hold legal status under English law. This means you may be able to get a religious annulment but still be married in the eyes of the law.
The only way to sever legal ties or remarry is to get either a divorce or legal annulment.
Can you make financial claims during an annulment?
Like in divorce, annulment doesn’t automatically end financial ties between spouses. However, couples can negotiate and agree on financial arrangements or seek court involvement if needed.
If you plan to make a financial claim during annulment, consulting a solicitor is wise. They can assist you in understanding available financial remedies, how to secure them, and ensure they are legally binding, protecting your interests both now and in the future.
How long does it take to get an annulment?
If you are eligible for an annulment and no disputes arise, you might expect the process to take around seven months to complete.
However, timeframes may vary depending on the complexity of the case and personal circumstances.
How does an annulment affect property division?
If you’re eligible for an annulment, there’s usually no division of property or assets. Instead, everything is returned to the way it was before the marriage or civil partnership.
How does an annulment affect child custody?
An annulment doesn’t change parental rights for children. Both parents keep their rights and responsibilities, including living arrangements and financial support.
Parents might need, during an annulment, to create a plan detailing child arrangements and support. A solicitor can help with this, particularly if you want to make certain arrangements legally binding and enforceable.
Get expert advice from annulment solicitors in the UK
At Lawhive, our network of annulment solicitors is here to help you quickly and affordably seek an annulment. They can support you in establishing grounds for annulment, provide legal advice and guidance on finances, property division, and child arrangements, and help you apply for annulment if you’re eligible.
To get started, contact our legal assessment team today and tell us about your situation. We can help you create a personalised plan of action and give you a no-obligation quote for the services of the family lawyers in our network.