Marriage Annulment

An annulment of marriage is a declaration by the court that a marriage was not legally valid or had become legally invalid.

Grounds for Annulment on the basis that your marriage was not legally valid from its commencement

The reasons why you may ask for an Annulment on the basis that your marriage was not legally valid at the time that it was entered in to include:-

1. Either of you was under the age of 16 at the time of the marriage.
2. You married a close relative.
3. At the time of the marriage one of you was already and remained lawfully married or in a Civil Partnership with another person.

The reasons why you may ask for an Annulment of your marriage on the basis that the marriage has become invalid include:-

1. The marriage has not been consummated because one party to the marriage is incapable of consummating it.
2. The marriage has not been consummated because one party has wilfully refused to consummate it.
3. That either party to the marriage did not validly consent to it because of duress, mistake, unsoundness of mind or otherwise.
4. That at the time of the marriage either party although able to give a valid consent was suffering from a mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage.
5. That at the time of the marriage the other party was suffering from a sexually transmitted disease in a communicable form.
6. That at the time of the marriage the other person was pregnant by some person other than you.

How to Get an Annulment - The Annulment Process

You must apply to the court to annul the marriage by presenting a "Nullity Petition" within a reasonable period of time, and in many cases this will be within three years of the marriage. There is no requirement to have been married for 12 months before applying.

Unlike an undefended Divorce or Judicial Separation Petition, if you present a petition for the Nulility of your marriage you will be required to attend Court and there will be a formal hearing and evidence will have to be given.

Unsure if you qualify for a Marriage Annulment or simply need advice? Contact our family team by telephone on 0121 746 3360 to arrange an appointment or contact us online.