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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 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.
It’s common to confuse annulment with divorce, but they’re quite different. Here’s how:
Choosing between the two depends on your situation, but if your marriage qualifies for annulment, it can simplify your legal status moving forward.
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.
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:
Unlike a void marriage, a voidable marriage is initially valid but can be annulled if specific grounds apply. These include:
Please note: Voidable marriages remain valid until annulled, and only the spouses can apply for annulment.
If you believe your marriage meets the grounds for annulment, here’s how to proceed under English law:
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.
At McKenzie Friend Service, we believe in a collaborative and client-centered approach to all marriage annulment cases.
Here’s what makes us different:
From start to finish, we’re with you! Filing applications, handling paperwork, and court preparations. No confusion. No guesswork.
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.
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.
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.
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.
Locations: 3 offices + in-person/remote support at major UK family courts.
We can also travel to your court for assistance wherever you are.
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