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When a marriage breaks down, many people assume that divorce is the only legal route to end it. However, in some cases, a couple may be eligible for an annulment instead.
Annulment, also known as “nullity,” is a legal declaration that a marriage was either never valid in law or is capable of being cancelled on specific grounds.
This guide outlines when and how annulment can apply in England and Wales, what to expect from the process, and when it may be preferable to a divorce.
Annulment is a court process that legally ends a marriage by declaring it either:
Unlike divorce, there is no requirement to wait 12 months after the wedding before applying for an annulment.
Void marriages are treated as though they never legally existed. Common reasons a marriage may be void include:
Voidable marriages are considered legally valid unless annulled by court order. Grounds include:
It’s important to note that annulments based on voidable grounds must usually be made within three years of the marriage. Exceptions can apply, but delays can make the process more complicated.
To annul a marriage, you must apply to the family court using Form D8N (nullity petition). A court fee is payable (currently £612 as of 2025), though you may be eligible for help with costs depending on your circumstances.
You or your spouse must also meet the residency or domicile requirements in England or Wales at the time of application.
If the application is uncontested, the court will issue a conditional order of nullity followed by a final nullity decree, similar to divorce. This process can take several months. If the application is disputed, court hearings may be required.
Alice and Bernard Smith married in early 2021. Unbeknownst to Alice, Bernard had previously married abroad and never legally divorced. When Alice discovered this in 2023, she applied to annul the marriage.
Alice’s solicitor submitted a petition on the ground that the marriage was void, as Bernard was already legally married. Bernard contested the claim, arguing he believed his earlier foreign marriage was invalid.
The court ultimately found that Bernard’s previous marriage was still legally binding and granted Alice a decree of nullity. The marriage was therefore deemed never to have existed in law.
This case highlights a key benefit of annulment in circumstances where a marriage was never valid to begin with, a decree of nullity provides legal clarity and allows the parties to move forward with certainty.
While annulment may seem appealing, particularly if the marriage was short or defective from the start, it isn’t available to everyone. Unlike divorce, annulment is limited to specific grounds and may require more evidence.
Advantages of annulment:
Disadvantages of annulment:
For couples where an annulment is not possible or practical, divorce may be the better option.
If you need advice on annulment or any aspect of annulment, divorce or separation, please contact our team at Sinclair Law Solicitors today and request a free 30-minute consultation.
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This content is for general information only. If you require legal advice on your specific circumstances please get in touch.