Family Law: everything you need to know about Marriage Annulment

To help anyone navigate the breakdown of a marriage, here our highly rated specialist family lawyers explain everything you need to know about Marriage Annulment.

What is Marriage Annulment?

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

What are the Grounds for Marriage Annulment?

Grounds for Annulment are founded on that a marriage was not legally valid from its commencement.

The reasons 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 willfully 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 unfit 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 do I obtain an Annulment and what is the process?

First, 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 Nullity of your marriage, you will be required to attend Court, where there will be a formal hearing, and evidence will have to be given.

Help and advice

For help, advice and assistance, contact Sydney Mitchell’s specialist Family Law team, which offers a comprehensive package of advice both at the start and the end of a relationship.