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McKenzie Friend for Marriage Annulment
Feeling Trapped in a Marriage That Shouldn’t Have Been?
You don’t have to bear the burden of a broken marriage anymore. At McKenzie Friends, we understand the real struggles you’re up against and provide the support you need—without the high legal costs.
Are These Your Concerns:
A partner who forced you into marriage.
A marriage that was never consummated.
A spouse who withheld crucial information about their health or past.
The thought of attending court alone feels daunting.
Traditional solicitors charge heavy fees that seem out of reach.
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What is Annulment?
An annulment is a legal process that declares a marriage invalid, as if it never existed. There are specific reasons why you can apply for an annulment, such as:
The marriage wasn’t consummated (except for religious reasons).
One partner was already married or in a civil partnership.
You were forced, tricked, or didn’t consent to the marriage.
One or both partners were underage or closely related.
The best part? There’s no need to wait a year to apply, unlike with divorce. You can start the annulment process at any time after your wedding.
Divorce vs. Annulment: Which is Right for You?
It’s common to confuse annulment with divorce, but they’re quite different. Here’s how:
- Divorce ends a legal marriage. It doesn’t question the validity of the marriage but acknowledges that it’s no longer working.
- Annulment states that the marriage was never legally valid to begin with. It’s like the marriage never existed in the eyes of the law.
- Choosing between the two depends on your situation, but if your marriage qualifies for annulment, it can simplify your legal status moving forward.
Grounds for Annulment in the UK
Not every marriage can be annulled. In England and Wales, there are specific legal grounds under the Matrimonial Causes Act 1973 that decides whether a marriage is void or voidable. You must know the legal terms before deciding if annulment is the right option for you.
Void Marriages
A void marriage is considered invalid from the very start. Legally, it’s as if the marriage never took place. Here are the key reasons a marriage may be void:
Non Age of Consent
Marrying below the legal age of consent and that is 16.
Prohibited Relationship
If the couple are closely related, like siblings or parent and child.
Bigamy
If one party was already married or in a civil partnership at the time of the marriage.
Mental Incapacity
One or both parties lacking the mental capacity to understand the nature of marriage.
VOIDABLE Marriages
Unlike a void marriage, a voidable marriage is initially valid but can be annulled if specific grounds apply. These include:
Gender Change
If one party transitioned without informing the other before marriage.
Lack of Consent
If one party was forced, tricked, or didn’t have the mental capacity to agree (e.g., due to intoxication).
Non Consummation
If the couple hasn’t had any physical intimacy, provided there’s no physical or mental incapacity preventing it.
Undisclosed Pregnancy or STI
If the wife was pregnant by another person at the time of marriage or one spouse failed to disclose a sexually transmitted infection.
Please note: Voidable marriages remain valid until annulled, and only the spouses can apply for annulment.
Steps to Annul Your Marriage
If you believe your marriage meets the grounds for annulment, here’s how to proceed under English law:
Confirm Eligibility
Before applying, make sure your case meets the legal grounds for annulment. You can apply anytime after your wedding but ideally within three years for voidable marriages. Consulting a legal advisor or a McKenzie Friend can help clarify your position.
Filled A Nullity Petition
Complete and submit a Form D8 (Nullity Petition) to your local family court. This document outlines why you believe your marriage is void or voidable. Provide clear evidence, such as marriage certificates or medical documents, if applicable.
Serve The Petition
The court will send a copy of the petition to your spouse. They must acknowledge receipt and confirm whether they agree to the annulment. If they don't respond, you will have to request a court order for substituted service.
Attend Court Hearings
If your spouse contests the annulment, the court will hold hearings to review your case. You’ll need to provide evidence to support your claims. A McKenzie Friend will guide you for all these hearings, so that you present the case confidently.
Receive The Decree of Nullity
If the court approves your petition, it will issue a Decree Nisi first, followed by a Decree Absolute to finalise the annulment. Now, the court legally confirms the end of your marriage.
Important Legal Details
Annulment doesn’t erase legal obligations like dividing assets or debts; these must be resolved through family court.
- If you lived abroad during your marriage, jurisdiction rules may affect where you can apply for annulment.
- Some religious marriages may require further steps to nullify the union spiritually, but this is separate from legal annulment.
Annulments are sometimes confusing, but you don’t have to face it alone. With the right support, you can go through the process smoothly and get a fair outcome.
Divorce vs. Annulment: Which is Right for You?
It’s common to confuse annulment with divorce, but they’re quite different. Here’s how:
- Divorce ends a legal marriage. It doesn’t question the validity of the marriage but acknowledges that it’s no longer working.
- Annulment states that the marriage was never legally valid to begin with. It’s like the marriage never existed in the eyes of the law.
- Choosing between the two depends on your situation, but if your marriage qualifies for annulment, it can simplify your legal status moving forward.
What Sets Us Apart?
At McKenzie Friend Service, we believe in a collaborative and client-centered approach to No-Fault Divorce. Here’s what makes us different:
Budget Friendly Option
Get expert and friendly support without the high costs of a traditional solicitor. We make divorce more affordable, so you get the help you need within your budget.
Confident Hearing Preparation
If your case requires court hearings, our skilled McKenzie Friends will equip you with the knowledge and strategies to represent yourself with confidence and clarity.
Flexible, Personalized Support
Our team work around your schedule. No rigid hours unlike traditional law firms. Your needs guide our approach, making the tough situation easier for you.
FAQs - Marriage Annulment
Yes, non-consummation is a valid ground for annulment but only for heterosexual marriages. Non-consummation means the couple has not had sexual intercourse after the wedding due to incapacity or wilful refusal. However, this rule doesn’t apply to same-sex marriages or civil partnerships.
For voidable marriages, you should apply within three years of the wedding date. But of course, exceptions exist if you can prove you couldn’t apply sooner due to situations like coercion or a lack of awareness about your grounds. For void marriages, there’s no strict time limit.
In simpler terms, adultery is not a ground for annulment in England and Wales. But, if the adultery was concealed from you before the marriage, and it would have significantly affected your decision to marry, it might be considered grounds for annulment.
Yes, you can choose an annulment over a divorce if you believe your marriage was never valid. Annulment can be a quicker and less emotionally draining process than a divorce. If you can’t afford expensive solicitors, then choosing an affordable yet effective option that is McKenzie Friends will be best for you. Simply, submit an enquiry form or ring our number – our experts in family law will guide you accordingly.
No. A religious annulment only applies to your religious institution and does not have legal standing in England. For example, you may get an annulment through the church for spiritual reasons, but this won’t dissolve your marriage legally. You must apply to a family court for a formal annulment.
The annulment itself doesn’t decide on child custody or living arrangements. If you and your spouse have children, the court will prioritise their best interests. You can apply for a Child Arrangements Order to resolve custody, visitation, or financial support matters.
It’s important to know that annulment only addresses the legal validity of your marriage. Your parental rights and responsibilities will remain unaffected. Courts usually leave these things on parents, but they will step in if disputes arise.
If your spouse contests the annulment, the situation can get a bit difficult here. You’ll need to provide evidence to support your grounds for annulment during a court hearing.
For example, if you’re claiming non-consummation or lack of valid consent, you may need to prove these claims through testimony or documentation. The court will review your petition and decide whether the annulment is justified.
If your grounds are strong and supported by evidence, your spouse’s disagreement is unlikely to stop the annulment. However, the process may take longer and require additional hearings.
Family Court Help Wherever You Need It
Locations: 3 offices + in-person/remote support at major UK family courts.
We can also travel to your court for assistance wherever you are.
Main Office - Birmingham
Regional Office - London
- +44 20 8150 6881
- info@mckenziefriend.net
- Mon - Sunday (9 AM - 8 PM)
- 5 Chancery Ln, London WC2A 1LG, United Kingdom
Regional Office - Manchester
- +44 161 669 6269
- info@mckenziefriend.net
- Mon - Sunday (9 AM - 8 PM)
- 3 Piccadilly, Manchester M1 2BN, United Kingdom
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Want your marriage legally erased? Get affordable help with your annulment from our trusted McKenzie Friends.
