Annulment vs Divorce: Understanding Your Options

Deciding to end a marriage is never an easy choice and can bring with it major stress and anxiety. Navigating the legal intricacies associated with the end of a partnership can also be complex, making it essential you understand all the options available to make a decision that is best for you. One such consideration you need to be aware of is the best way option to bring an end to the marriage, annulment vs divorce. While they both accomplish the same goal, there are differences between the two and depending on your situation, one can be more appropriate than the other. In this article, our team provides an overview of the more obscure choice, annulment and how it differs from divorce.

What is an annulment?

Annulment (also known as ‘nullity’) is an alternative to ending a marriage or civil partnership. It differs from a traditional divorce or civil partnership dissolution, as it will be as if the marriage was never legally valid (void) or was legally valid but meets one of the reasons that makes it ‘voidable’.

While it is possible to prove a marriage invalid, nullity cases in the UK are rare, with statistics published by the Office for National Statists and updated figures from the family court indicating that there were 231 annulments in 2021 but over 80k divorces granted in 2022.

The nullity process includes proving specific grounds to show the marriage is invalid or void to have it annulled. Other arrangements regarding children and how to divide money and property will also need to be considered.

When can you annul a marriage?

A marriage can be annulled in England and Wales if it is considered void (not legally valid) or voidable (was defective) when entering it.

Examples of a void marriage include:

• You are closely related to the person you married;
• One or both of you were under the legal age of 18 (or under 16 before 27 February 2023) when you got married;
• One of you was already legally married or in a civil partnership.

Examples of a marriage that may be voidable include:

• The marriage has not been consummated (excluding same-sex couples)
• If one partner did not consent to the marriage (e.g. were forced or tricked)
• If your partner had a sexually transmitted disease (STD) at the time of marriage
• If your spouse was pregnant by someone else when you married
• If one partner is transitioning to a different gender

Your marriage will legally still exist unless you annul it using one of these reasons.

How do you annul a marriage?

Determine Eligibility: Before applying to have a marriage or civil partnership annulled, you must ensure that your circumstances meet the specific grounds for annulment, such as non-consummation, lack of consent, being underage, or being married without proper consent.

File a Nullity Petition: Complete and submit a nullity petition to the family court, outlining the reasons why the marriage should be considered void or voidable. A nullity petition can be made any time after the wedding and in the first year of marriage, unlike divorce, which requires you to be married for a minimum amount of time before applying. However, if you try to annul a marriage several years after the wedding, you may have to explain your reasons for the delay.

Your partner will have 14 days to respond to the petition, and if they consent to the annulment, you will need to apply for a Conditional Order. The rules on ending a civil partnership by nullity differ slightly, but the court forms are the same.

For more information, you can view the full printable gov.uk guide on marriage annulment.

Do I need a solicitor to annul a marriage?

While filing for an annulment is possible without a solicitor, seeking professional legal advice and guidance is highly recommended. At Tollers, our family law solicitors have specialist expertise in this area of law, and we can help you understand the specific grounds for annulment, assist with filing the necessary paperwork, and, where needed, guide you through the process of family mediation or represent you in the family court.

Even if the annulment process runs smoothly, you should also address other crucial matters that we can help with, such as:

• Dividing your money and property: Determining how property, assets and debts will be divided.
• Financial Support: Arrangements for financial agreements such as spousal maintenance or a clean break order
• Child Arrangements and Support: Making decisions regarding child arrangements or ongoing financial support of any children from the marriage

Read some of our previous articles for more information:

Child Maintenance – the legal options for financial support

Property and Financial Settlements in Divorce – FAQs and Specialist Legal Advice 

How much does an annulment cost?

To file a nullity form in England and Wales costs £593.00, this fee is payable to the family court.  If for any reason the person applying for the annulment is unable to pay the court fees they can apply to have the charge lowered through the court.

How long does it take to get an annulment?

If the reasons for the marriage being annulled are not contested and are valid the process should take approximately 6 to 8 months, however, this is dependent on the case and its complexity.

Do both parties have to agree to get an annulment?

If the person requesting the annulment can provide the necessary evidence or proof that the marriage is not valid, then their partner can do nothing to prevent the annulment.  However, they can contest the annulment application if they feel that the marriage is actually valid.

How long do you have to wait before you can get an annulment vs divorce?

In order to apply for an annulment, there is no length of time you have to wait before you can apply and it can be done as soon as you are married, compared to a divorce where you have to be married for 1 year before you can apply.

How long do I have to get an annulment?

If you decide that your marriage is not valid and choose to have it annulled, according to the courts you must do so within a reasonable period, as waiting too long can lead to requests for an explanation for the delay.  It is therefore recommended that any application to nullify the marriage is made within three years of the marriage taking place.

Annulment vs Divorce – the bottom line

An annulment or divorce are both ways to dissolve a marriage or civil partnership. While a divorce legally ends a marriage, annulling a marriage is a claim that the marriage is no longer valid or was never valid in the first place.

There are more strict grounds that need to be met to successfully annul a marriage as opposed to getting a divorce. There is no need to wait a period of time before you submit an annulment application but waiting too long could result in the need to explain the reason for the delay.

Family Law Solicitors Near Me – Book an Appointment To Talk To Tollers

We recognise the emotional challenges of family law matters and disputes. Our family lawyers are dedicated to advising and assisting based on having our client’s best interests at heart, and we pride ourselves on keeping our clients fully informed of the progress of your case. We are here to provide comprehensive Family Law advice, ensuring you have the information and support you need to make informed decisions.

For an initial appointment – up to an hour and a half for a fixed sum of £125 plus VAT (offer available for Family Law advice only) – please get in touch with the Family Law team at Tollers Solicitors to arrange a family law consultation, available in one of our locations: Stevenage, Northampton, Corby, Milton Keynes, Kempston, Welwyn, Letchworth, and Oakham. Our aim is that you will leave this initial appointment better informed about your legal rights and responsibilities, with a sense of direction on moving forward and information on possible options available to you for a satisfactory resolution.

If you need help in deciding whether to choose a divorce or annulment, are unsure where to start, or would like to arrange an initial consultation…Talk to Toller on 01604 258558 and contact our Family law team where they will be happy to assist.