Marriage Annulment

Q: What’s the process of getting an annulment?

You’ll need to: Complete a nullity petition (fee of £612 – subject to change) Make a Statement in Support for an application for a decree nisi/conditional order (providing medical evidence if relevant) You can then apply for a Decree of Nullity six weeks and one day from the decree nisi.

Q: Do I need a solicitor for an annulment?

The right legal support from the start can make the process much easier and less confusing. If your partner disputes the petition, it may go to court – in which case you’ll need specialist legal representation to properly put your case forward.

A clear set of factors have to be in place to obtain a marriage annulment. Even if you meet the requirements, your financial, business, and childcare arrangements will still need to be finalised.

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When can I get an annulment?

The marriage must be ‘void’ (meaning it shouldn’t have happened), in the specific cases of:

The couple being closely related
One or both parties being under 16
One or both parties being in an existing marriage.

You can also apply if the marriage is ‘voidable’, in the case of someone:

Not consummating the marriage
Being pregnant by someone else
Having a mental disorder at the time of marriage
There are religious reasons for not wanting to divorce
Having a sexually transmitted disease at the time of marriage
Not being able to consent to the marriage (e.g. inebriated or forcibly coerced)
Having transitioned or being in the process of transitioning to a different gender.

It’s important to understand you are not legally obligated to consummate a marriage. But it remains a ground for annulment in the UK. A marriage can be declared void or voidable if the couple hasn’t had sex since the wedding due to incapacity or refusal.

Even if any of the above applies, the court may still refuse to grant a decree of nullity. We can help you understand why and what you can do next, and also connect you with counselling or other support services.

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We have the largest private client team in the UK, our team of experts are here to provide discreet legal advice to support you and your family.

Clare Wiseman

Head of Family Law

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Meet our experts

Clare Wiseman

Head of Family Law

Find out more

In certain circumstances, a marriage can be ended through an annulment rather than a divorce.

Unlike divorce, you can get a marriage annulment at any time after a wedding. However, cases aren’t always straightforward, and you may have to go to court to give evidence. Annulments normally take 10 to 12 months to complete, but they may take longer if contested.

If you need help planning or agreeing an annulment, our solicitors can help. Our legal teams are experts at dealing with a wide range of family law issues, and our annulment lawyers understand that establishing both parties’ positions early is vital to understanding if annulment is an option.

Our lawyers understand that annulments often come about in unusual circumstances. We'll work to understand your case and advise you on the best options available to you. You'll need to go to court to get an annulment, but this is nothing to worry about and we'll be by your side at every step of the process.

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We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.

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Frequently Asked Questions

How long does an annulment take?

If both partners agree to the annulment, the process typically takes between 10 to 12 months (the court doesn’t have an automated system for dealing with annulments).

The timeline depends on whether you and your partner are in agreement. If one partner objects to the annulment, the process will take longer, as lawyers will need to source and provide extra evidence in court. It will likely also be longer if there are international elements.

What’s the process of getting an annulment?

Do I need a solicitor for an annulment?

Does an annulment mean I have to give my partner anything?

As with a divorce, you can make a claim for financial settlement in annulment proceedings.

Your house and other valuable assets may need to be divided. We’ll always start by attempting a settlement agreement – but if you can’t reach an agreement, it may go to the courts to decide. Annulment can also result in child maintenance arrangements for children up to the age of 16 (or if they’re completing full-time secondary education, arrangements can be made until they're 20).

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