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Divorce & Separation

Annulment of Marriage

An annulment of marriage, which the law calls nullity, is a court order declaring that a marriage was never legally valid, or that it is legally defective and can be cancelled. It is different from a divorce. A divorce ends a valid marriage, while an annulment treats the marriage as if it never properly existed. Annulment is only available on specific legal grounds, so it is not simply another way to end a relationship that has broken down. It can be the right route if you have been married less than a year, if you have religious or personal reasons, or if your marriage was void or voidable from the start. We advise you honestly on whether the grounds apply, and guide you through the whole process.

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What is an annulment of marriage?

An annulment of marriage, legally called nullity, is a court declaration that a marriage is either void, meaning it was never legally valid, or voidable, meaning it was valid but can be cancelled on specific legal grounds. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as if it never properly existed in law.

The grounds are set out in the Matrimonial Causes Act 1973. They are fixed and limited, which is the most important thing to understand. You cannot annul a marriage simply because it has broken down. That is what a no-fault divorce is for. Annulment applies only where the marriage was legally flawed in one of the recognised ways.

People choose to annul a marriage rather than divorce for several reasons. They may have been married less than a year, so they cannot yet divorce. They may have religious or cultural reasons. Or they may want the marriage formally recognised as never having been valid. Whatever the reason, the court can still deal with money and property, much as it can on a divorce.

When a marriage is void

A void marriage is one the law treats as never having been valid. The main grounds are below. Even though a void marriage was never valid, it is still sensible to obtain a nullity order for legal certainty and to be free to remarry.

  • One of you was already married, or in a civil partnership, when the marriage took place.
  • You are too closely related to each other, within the prohibited degrees of relationship.
  • One or both of you was under the legal age to marry. Since 27 February 2023, the minimum age to marry in England and Wales is 18.
  • The marriage did not meet the legal formalities required, or it was a polygamous marriage entered into abroad while one of you was domiciled here.

When a marriage is voidable

A voidable marriage is valid until a court annuls it. The grounds are a fixed list, and these are the main ones.

  • The marriage has not been consummated, because one of you is unable to or has refused. This ground does not apply to same sex marriages.
  • One of you did not properly consent, for example because you were pressured or forced into the marriage, or did not understand what was happening.
  • One of you had a serious mental health condition at the time of the marriage that affected the marriage.
  • At the time of the marriage your spouse had a sexually transmitted infection you did not know about, or your wife was pregnant by another man.
  • Grounds relating to gender recognition, where a gender recognition certificate applies to one party.

For most voidable grounds you must usually apply within three years of the marriage, although the court can give permission to apply later in limited cases. Non-consummation has no three-year limit. If you were forced or pressured into a marriage, please talk to us in confidence, because help and protection are available, and a time limit need not stop you. Annulment is technical and evidence-based, so the right ground and the right evidence matter. The points here are correct as at June 2026 and are a general guide, not legal advice on your situation.

How an annulment works, step by step

The process follows a similar path to divorce, with one application leading to two orders. These are the main stages.

1. The nullity application

You apply to the family court on the nullity application form, setting out the ground you rely on, and pay the court fee of £628. You can apply on your own or jointly with your spouse, and you do not have to wait a year as you would for a divorce.

2. Your spouse responds

The court sends the application to your spouse, who has 14 days to acknowledge it and say whether they agree. Their consent is not needed for an annulment. What matters is proving the legal ground, not their agreement.

3. The conditional order

If the court accepts there are grounds, it makes a conditional order, formerly the decree nisi. Because annulment is more evidence-based than divorce, a short hearing is sometimes needed, especially if the application is disputed.

4. The final order

At least six weeks and one day later, you apply for the final nullity order, formerly the decree absolute. This confirms the marriage is annulled. The whole process usually takes a minimum of around 26 weeks, often six to eight months.

How we help

Our family solicitors handle annulment of marriage from the first question of whether you have a ground through to the final order.

  1. 1

    Checking whether you have a ground

    Annulment only works on specific grounds, so we look closely at your situation, tell you honestly whether the marriage is void or voidable, and compare annulment with divorce so you choose the right route.

  2. 2

    Gathering the evidence

    Annulment is evidence-based, so we help you assemble what the court needs, whether that is medical evidence, proof of an earlier marriage, or evidence about consent, and we present it clearly.

  3. 3

    Preparing and running the application

    We complete and submit the nullity application, deal with the court and your spouse, and represent you at any hearing, so the case is presented properly and moves as smoothly as possible.

  4. 4

    Sorting out the finances

    An annulment does not end the financial relationship by itself. We help you reach a financial settlement and the court orders available, and advise on arrangements for any children.

What is included in our service

  • An honest assessment of whether you have a ground to annul
  • Advice on annulment compared with divorce or judicial separation
  • Help gathering and presenting the evidence the court needs
  • Preparing and submitting your nullity application
  • Representation at any hearing and through to the final order
  • Advice on the financial settlement and arrangements for children

Annulment work is usually privately funded, and we offer a clear fixed fee so you know the cost from the start. Legal Aid for ending a marriage is limited. It is generally available only where there is evidence of domestic abuse or a risk of harm to a child, and it is means and merits tested, which can be relevant in forced marriage cases. We will tell you honestly whether you may qualify, and we set out any fee clearly and in writing before any work begins. There is no charge for an initial phone consultation to talk things through.

Common questions

A divorce ends a marriage that everyone accepts was valid. An annulment, or nullity, declares that the marriage was never legally valid, or cancels it on specific legal grounds, so the law can treat it as if it never properly existed. Annulment is only available on set grounds, while divorce needs no reason beyond irretrievable breakdown.

Yes, if a ground for annulment applies. Unlike divorce, there is no rule that you must be married for a year before you apply. You can seek an annulment at any time after the wedding, even immediately. This is one of the main reasons people who have married recently consider it.

A void marriage was never legally valid, for example where one person was already married. A voidable marriage was valid at the time but is legally defective, for example where it was not consummated or consent was not properly given. A void marriage is treated as never having existed once the order is made.

For most voidable grounds you must usually apply within three years of the marriage, though the court can allow a later application in limited cases. Non-consummation has no three-year limit. If you were forced into a marriage, please take advice, because a time limit need not stop you and protection is available.

The court fee for a nullity application is £628, the same as a divorce, paid when you apply. On top of that is the cost of legal help, and because annulment is evidence-based we agree a clear fixed fee with you at the start. If you are on a low income, Help with Fees may reduce or remove the court fee.

No. A religious annulment, for example one granted by a church, does not end your marriage in the eyes of the law. To be legally unmarried you still need a civil annulment from the court, or a divorce. The two are separate, and many people deal with both.

Yes. Once the final nullity order is made, the marriage is annulled and you are free to remarry. You may be asked to show the registrar the final order. This is one reason it is worth obtaining a nullity order even for a void marriage, so your status is clear and certain.

Last updated: June 2026.