Annulment
Annulment, also known as nullity, is a legal procedure for declaring a marriage null and void.
What is Annulment?
Annulment, also known as nullity, is a legal procedure for declaring a marriage null and void. Unlike divorce, annulment can be sought within the first year of marriage or at any point afterward, although explanations may be required for delays in applications made years after the wedding.
Grounds for Annulment
Annulment is based on two main categories:
Void Marriages
A marriage is considered void and never legally valid if:
Close Relatives
You and your spouse are closely related.
Age at Marriage
Either spouse was under 18 (or under 16 for marriages before 27 February 2023).
Pre-existing Marriage or Civil Partnership
One spouse was already married or in a civil partnership.
In such cases, the law treats the marriage as if it never existed. However, obtaining a decree of nullity or nullity of marriage order is often necessary for legal and future marital purposes.
Voidable Marriages
A marriage is voidable and can be annulled for several reasons, such as:
Non-consummation
The marriage hasn't been consummated through sexual intercourse since the wedding (not applicable to same-sex couples).
Lack of Consent
There was no proper consent to the marriage, for instance, if it was forced.
STD at Time of Marriage
The other person had a sexually transmitted disease when you got married.
Pregnancy by Another Person
The spouse was pregnant by someone else at the time of marriage.
Gender Transition
One spouse is transitioning to a different gender. The marriage is legally valid until it’s annulled based on these grounds.
Legal Process for Annulment
Applying for an annulment involves legal steps similar to those in divorce proceedings, and it’s important to have the right legal support to navigate this process.
Expert Guidance from Fard Solicitors
At Fard Solicitors, we specialize in annulment cases, offering expert advice and support. Our experienced team is committed to guiding you through each step of the annulment process, ensuring your case is handled with sensitivity and professionalism. Contact us for tailored legal assistance in annulment proceedings.
FAQ's
Before applying for annulment, it’s important to address arrangements for any children, including custody and child maintenance payments. Additionally, dividing money and property should be considered. Agreeing on these aspects can often avoid court hearings.
To apply for an annulment, complete a nullity application form and send two copies to the Bury St Edmunds Regional Divorce Unit. Keep one copy for your records. The application cost is £593, and fee assistance may be available for those on benefits or low income.
Unlike divorce, you can apply for an annulment immediately after getting married without waiting for a year.
After applying, you’ll receive a notice from the court confirming that your application has been issued. The other party must respond within 14 days to agree or disagree with the annulment.
Once the other party responds, you can apply for a conditional order, or a decree nisi if your court notice is dated before 6 April 2022. This confirms the court sees no reason to prevent the annulment.
Six weeks after receiving the conditional order or decree nisi, you can apply for a final order (post-6 April 2022) or a decree absolute (pre-6 April 2022). This finalizes the annulment.
The process depends on when your annulment application was issued. Fill in the appropriate form (notice of application for decree nisi to be made absolute or final order application form) and return it to the court.
In most cases, court attendance is not required unless the court needs to resolve specific issues.
This document confirms that your marriage is annulled. If the marriage was never legally valid ('void'), it states that there was never a legal marriage.
For expert legal support in navigating the annulment process, reach out to Fard Solicitors. Our experienced team is here to guide you through every step with sensitivity and professionalism.
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