Annulment of a marriage

Family Law

An annulment, also known as a nullity, is a legal process by which a court declares that a marriage was either never legally valid or valid when it took place but can be set aside for a specific legal reason.

Annulment is different from divorce. A divorce ends a legally valid marriage because it has broken down irretrievably. An annulment depends on proving one of the limited statutory grounds that make the marriage void or voidable.

You can apply for an annulment at any time after the marriage, including during the first year. This differs from divorce, which generally cannot be initiated until the parties have been married for at least one year.

This guide covers annulment law in England and Wales. Different rules and procedures apply in Scotland and Northern Ireland.

Void and Voidable Marriages

There are two principal categories of annulment:

• a void marriage; and
• a voidable marriage.

The distinction affects the legal status of the marriage and the evidence required.

Void Marriage

A void marriage was not legally valid from the outset. In legal terms, the marriage is treated as though it never validly existed.

Even where a marriage is void automatically, it may still be necessary to obtain a formal nullity order to provide legal proof of the position. This may be important before remarrying, dealing with immigration status, administering an estate or resolving financial matters.

Voidable Marriage

A voidable marriage is legally valid until a court annuls it.

The parties remain legally married until the court makes the final nullity order. If no application is made, the marriage remains legally valid.

When Is a Marriage Void?

A marriage may be void if it did not satisfy the legal requirements for a valid marriage.

Possible grounds include:

• the parties are within the prohibited degrees of relationship;
• one or both parties were below the minimum legal age for marriage;
• one party was already legally married or in a civil partnership; or
• required legal formalities were not followed in circumstances that render the marriage void.

Closely Related Parties

A marriage is not valid where the parties are related within the prohibited degrees established by law.

This includes certain relationships by blood and, in some circumstances, relationships arising through adoption or family marriage.

The rules are technical, and not every family connection prevents marriage. Legal advice should be obtained where the relationship falls within a complex family structure.

Minimum Age for Marriage

For marriages taking place in England and Wales on or after 27 February 2023, both parties must be aged 18 or over.

Parental consent no longer allows a person aged 16 or 17 to marry in England and Wales.

For a marriage that took place before 27 February 2023, the previous minimum age of 16 may be relevant. The validity of an overseas marriage involving a person under 18 can raise separate questions concerning the law of the country where the ceremony occurred, domicile and public policy.

Existing Marriage or Civil Partnership

A person cannot enter into a valid marriage. At the same time, they remain legally married to another person or are still in a civil partnership.

A previous marriage must have been legally ended by divorce, annulment or death before a new marriage takes place.

Where the earlier relationship ended overseas, it may be necessary to establish whether the foreign divorce or dissolution is recognised in England and Wales.

Same-Sex Marriage

A marriage is not void merely because the parties are of the same sex.

Same-sex marriage is legally recognised in England and Wales. The original suggestion that a same-sex marriage was automatically invalid is therefore incorrect and seriously outdated.

When Is a Marriage Voidable?

A legally valid marriage may be voidable where one of the statutory grounds applies.

These grounds can include:

• non-consummation in an opposite-sex marriage;
• lack of valid consent;
• mental disorder affecting fitness for marriage at the relevant time;
• a sexually transmitted disease existing at the time of marriage;
• pregnancy by another person at the time of marriage; and
• certain circumstances connected with gender recognition.

Not every ground applies to every marriage. Some grounds are subject to time limits, knowledge requirements or restrictions based on the applicant's conduct after discovering the relevant facts.

Non-Consummation

An opposite-sex marriage may be voidable where it has not been consummated because:

• one party is physically incapable of consummating it; or
• the other party has wilfully refused to consummate it.

Consummation has a specific legal meaning involving sexual intercourse between the married parties.

Non-consummation is not a ground for annulling a same-sex marriage.

The court may require medical or other evidence, depending on the ground relied upon and whether the application is disputed.

Lack of Valid Consent

A marriage may be voidable where one party did not validly consent to it.

Lack of consent may arise because of:

• duress or forced marriage;
• mistake about the nature of the ceremony or identity of the other party;
• mental incapacity;
• intoxication;
• serious misunderstanding; or
• another factor preventing a genuine and informed agreement to marry.

Pressure from relatives, cultural expectations or fear of serious consequences may amount to duress where the person's ability to choose freely was overborne.

The precise legal test depends on the circumstances. Ordinary emotional pressure, regret or a mistaken belief about the other party's character will not necessarily invalidate consent.

Forced Marriage

A forced marriage is one in which one or both parties do not freely consent and pressure, threats or abuse are used to make the marriage take place.

Force can include:

• physical violence;
• threats;
• emotional or psychological pressure;
• financial abuse;
• coercive control;
• withholding documents or money; and
• pressure based on family or community consequences.

Forced marriage is a criminal offence. A person at risk may also apply for a forced marriage protection order.

Annulment may be one possible remedy after a forced marriage, but urgent safeguarding and protective action may be required first.

Mental Disorder and Capacity to Marry

A marriage may be voidable where, at the time of the ceremony, one party was incapable of giving valid consent or was suffering from a mental disorder of such a nature or degree that they were unfit for marriage.

Having a diagnosis of mental illness, dementia or learning disability does not automatically mean that a person lacks capacity to marry.

Capacity is assessed by considering whether the person understood the nature of marriage and the responsibilities normally involved.

Medical evidence may be required where capacity at the date of the marriage is disputed.

Sexually Transmitted Disease

A marriage may be voidable where, at the time of marriage, the respondent had a sexually transmitted disease in a communicable form.

The statutory wording and conditions should be considered carefully. The mere fact that a person has previously had an infection will not necessarily establish the ground.

Evidence may be needed about the medical condition, when it existed and when the applicant became aware of it.

Pregnancy by Another Person

A marriage may be voidable where, at the time of the marriage, the respondent was pregnant by a person other than the applicant.

This ground is subject to statutory restrictions. In particular, the court may consider:

• whether the applicant knew about the pregnancy at the time of the marriage;
• how quickly the application was made after discovering the facts; and
• whether the parties continued to live together after the discovery.

Specialist advice should be obtained before relying on this ground.

Gender Recognition Grounds

Certain additional annulment grounds may apply where a spouse has obtained, or is in the process of obtaining, legal recognition of an acquired gender.

This is a specialist and technical area involving the Matrimonial Causes Act 1973 and gender recognition legislation.

Legal advice should be obtained regarding the precise grounds, time limits, and evidence required.

Time Limits and Delay

Unlike a divorce, an annulment application can be filed within the first year of marriage.

There is no single general rule that every annulment claim must be made within one year. However, some voidable-marriage grounds are subject to important restrictions.

A court may refuse a voidable-marriage application where:

• the applicant knew they could seek an annulment but behaved in a way that led the other party reasonably to believe the marriage would continue;
• it would be unjust to grant the annulment in light of the parties' conduct; or
• a statutory time limit applying to the particular ground has expired.

Some claims must normally be started within three years of the marriage, although the court may have limited powers to permit a later application in particular circumstances.

GOV.UK also warns that a person applying many years after the wedding may be required to explain the delay.

Annulment or Divorce?< h3>

Annulment is not simply an alternative chosen because a person prefers to say the marriage never existed.

An applicant must prove a recognised ground of nullity. Where no such ground applies, divorce may be the appropriate process.

Annulment May Be Appropriate Where:

• the marriage was legally invalid;
• valid consent was absent;
• the marriage has not been consummated and the legal ground applies;
• another statutory voidable-marriage ground exists; or
• the marriage must be ended during its first year.

Divorce May Be Appropriate Where:

• the marriage was valid;
• the parties have been married for at least one year;
• the marriage has broken down irretrievably; and
• no specific annulment ground needs to be established.

A solicitor can advise which process is legally available and strategically appropriate.

Annulment and Non-Marriages

Some ceremonies may fail to create any legally recognised marriage at all. These are sometimes referred to as non-marriages or non-qualifying ceremonies.

This can arise where a religious, cultural or informal ceremony took place without the legal formalities required to create a marriage recognised in England and Wales.

The legal consequences can be very different from those of a void marriage. In particular, a person whose relationship is classed as a non-marriage may not have the same financial claims available under matrimonial legislation.

Anyone unsure whether their ceremony created a valid, void or non-existent marriage should obtain specialist advice before submitting an application.

Applying for an Annulment

An annulment application is made using Form D8N, the nullity application form.

The applicant must identify:

• the parties;
• the date and place of marriage;
• the court’s jurisdiction;
• whether the marriage is said to be void or voidable;
• the precise statutory ground relied upon;
• the supporting facts;
• any related proceedings; and
• any financial order being requested.

The application must be completed carefully. An annulment requires evidence of a specific legal ground rather than a general statement that the relationship has ended.

Documents Required

The applicant will normally need:

• the original marriage certificate or an official certified copy;
• a certified translation if the certificate is not in English or Welsh;
• the completed nullity application;
• supporting evidence relevant to the ground; and
• the court fee or a Help with Fees reference.

Medical reports, witness statements, immigration records, earlier marriage documents or evidence of coercion may be required in appropriate cases.

Where Is the Application Sent?

Current GOV.UK guidance requires that two copies of the nullity application be sent to the designated HMCTS divorce and nullity service, with the applicant retaining one copy.

The papers should not simply be sent to the local court closest in geographic distance. The current form and official instructions should be checked before submission because HMCTS addresses and administrative arrangements can change.

Court Fee

The current court fee for filing an application for divorce, nullity or civil partnership dissolution is £628.

This is the court fee only and does not include legal fees, medical evidence, translations or other professional costs.

Help with Fees may be available where the applicant has a low income, receives qualifying benefits or has limited savings and investments.

Service on the Other Party

After the court issues the application, it must be formally served on the other party, who is called the respondent.

The respondent will be allowed to acknowledge receipt and state whether the application is disputed.

If the respondent does not cooperate, the applicant may need to prove service or request:

• service by another permitted method;
• deemed service;
• bailiff service; or
• dispensation with service where the respondent cannot be located despite reasonable enquiries.

Disputed Annulment Applications

Unlike no-fault divorce, an annulment can involve a genuine dispute over whether the legal grounds exist.

The respondent may argue that:

• the marriage was legally valid;
• valid consent was given;
• the alleged facts are incorrect;
• the application was made outside the relevant period;
• the applicant knew of the facts and accepted the continuation of the marriage;
• the court lacks jurisdiction; or
• the ceremony should be classified differently.

A disputed case may require directions, disclosure, witness statements, medical or expert evidence and a court hearing.

The Conditional Order

If the court is satisfied that the applicant has established a valid ground, it may make a conditional nullity order.

This replaces the former decree nisi terminology for applications issued on or after 6 April 2022.

The conditional order confirms that the court is satisfied that the applicant is entitled to an annulment, subject to the final stage of the process.

The parties remain legally married at this stage where the marriage is voidable.

The Final Order

The applicant can normally apply for the final order six weeks after the conditional order.

For applications issued on or after 6 April 2022, the appropriate form is Form D36N.

The final order is the legal document confirming the annulment.

Where the marriage was void:

• the order confirms that no valid marriage existed.

Where the marriage was voidable:

• the marriage is treated as legally valid until the final order takes effect.

The final order should be retained safely because it may be required as evidence of marital status.

Do Child-Arrangement Forms Need to Be Filed?

No separate statement of arrangements for children is now routinely filed as part of an annulment application.

Arrangements for children are legally separate from the nullity proceedings.

Parents should consider:

• where the children will live;
• time spent with each parent;
• education and healthcare;
• holidays and travel;
• parental responsibility; and
• child maintenance.

Where agreement cannot be reached, mediation, solicitor negotiation or a separate application under the Children Act 1989 may be appropriate.

Financial Claims Following Annulment

An annulment does not necessarily prevent the court from making financial orders.

Depending on the circumstances and legal status of the marriage, the court may be able to deal with:

• the family home;
• other property;
• lump-sum payments;
• spousal maintenance;
• pension sharing;
• savings and investments;
• business interests;
• debts and liabilities; and
• financial provision for children.

The availability and extent of financial claims may depend on whether the marriage was void, voidable, or legally a non-marriage.

This distinction can have major financial consequences and should be assessed before the proceedings are finalised.

Should the Final Order Be Delayed?

As with divorce, it may sometimes be advisable to delay the final order until financial matters have been resolved or suitable protection is in place.

The final order may affect:

• inheritance rights;
• pension and death benefits;
• occupation of the family home;
• tax arrangements;
• insurance; and
• the position if either party dies before a financial settlement is completed.

Legal advice should be obtained before applying for the final order where financial claims remain outstanding.

Annulment and Immigration Status

An annulment can affect immigration status where permission to remain, citizenship arrangements or sponsorship depended on the marriage.

Immigration law is separate from family law. A person whose status may be affected should obtain specialist immigration advice before or immediately after making the application.

Annulment and Wills

An annulment can affect provisions in an existing will and rights arising on death.

Each party should review:

• their will;
• pension nominations;
• death-in-service benefits;
• life insurance;
• joint property ownership;
• trust arrangements; and
• lasting powers of attorney.

A family solicitor and a private client solicitor can advise on how the annulment affects estate planning.

Evidence in an Annulment Case

The evidence required depends on the ground relied upon and may include:

• marriage and civil partnership records;
• birth certificates;
• evidence of family relationships;
• medical records or expert reports;
• witness statements;
• messages and correspondence;
• evidence of threats or coercion;
• immigration documents;
• foreign divorce documents; and
• evidence about the marriage ceremony and formalities.

Medical and highly personal evidence should be handled carefully and only disclosed where relevant and necessary.

Do You Need a Solicitor?

A person may apply without a solicitor, but annulment is generally more legally complex than a straightforward no-fault divorce.

Specialist advice is particularly important where:

• the validity of the marriage is disputed;
• the ceremony took place abroad;
• there was a forced marriage;
• mental capacity is in issue;
• medical evidence is required;
• one party was already married or in a civil partnership;
• the marriage may instead be a non-marriage;
• substantial property or pensions are involved;
• immigration status may be affected;
• the respondent cannot be located; or
• the application is being made several years after the wedding.

How an Annulment Solicitor Can Help

A family law solicitor may assist with:

• deciding whether the marriage is void, voidable or legally valid;
• distinguishing annulment from divorce and non-marriage cases;
• checking jurisdiction;
• preparing the D8N nullity application;
• obtaining medical and other supporting evidence;
• dealing with service;
• responding to a disputed application;
• representation at court hearings;
• conditional and final nullity orders;
• financial claims;
• arrangements for children;
• forced marriage protection;
• immigration-related referrals; and
• reviewing wills and estate-planning arrangements.

Finding an Annulment Solicitor

Annulment is available only where a marriage is void or where there is a recognised ground for annulment.

It should not be assumed that an unhappy, unconsummated or short marriage automatically qualifies.

Use the search facility at the top of this page to find a family law solicitor who can assess the legal status of the marriage, explain the evidence required and advise on the financial and practical consequences.

This guide provides general information about marriage annulment in England and Wales. It does not constitute legal advice and should not be relied upon as a substitute for advice about an individual marriage or ceremony.