Marriage Annulment
Annulment (sometimes known as ‘nullity’) is a different way of ending a marriage.
Unlike divorce, you can apply for marriage annulment in the first year of your marriage or any time after, although certain grounds for annulment are subject to time limits. However, if you apply years after the wedding, you might be asked to explain the delay.
You’ll need to show that the marriage:
- was never legally valid (‘void’)
- was legally valid, but meets one of the reasons that makes it ‘voidable’
Your marriage is not legally valid – ‘void’ marriages
You can annul a marriage if it was not legally valid in the first place, for example:
- you’re closely related to the person you married
- one or both of you were under 18 (or under 16 if the marriage took place before 27 February 2023)
- one of you was already married or in a civil partnership
If a marriage was never legally valid, the law says that it never existed.
However, you may need legal paperwork (a ‘decree of nullity’ or ‘nullity of marriage order’) to prove this – for example if you want to get married again.
Your marriage is ‘voidable’
You can annul a marriage for a number of reasons, such as:
- It was not consummated – you have not had sexual intercourse with the person you married since the wedding due to either party’s incapacity or the other person’s wilful refusal (does not apply to same-sex couples).
- You did not properly consent to the marriage – for example, you were forced into it.
- The other person had a sexually transmitted disease (STD) in a communicable form when you got married.
- Your spouse was pregnant by someone else when you got married.
- One spouse has been issued an interim gender recognition certificate after the marriage, or certain circumstances apply concerning a spouse’s legally acquired gender at the time of marriage.
As with divorce, your marriage legally exists until you annul it using one of these reasons.
The rules on ending a civil partnership are slightly different, but the court forms are the same.
Transitioning of Gender
You can also apply for a Gender Recognition Certificate if you want your affirmed gender (sometimes called an ‘acquired gender’) to be legally recognised in the UK.
Having a certificate means you can:
- update your birth or adoption certificate, if it was registered in the UK
- get married or form a civil partnership in your affirmed gender
- update your marriage or civil partnership certificate, if it was registered in the UK
- have your affirmed gender on your death certificate when you die
It will not change your legal status as the father or mother of a child.
Ending a Civil Partnership
You can apply to end (‘dissolve’) your civil partnership if you’ve been in the partnership for over a year. You must apply to a court to do this.
If you do not want to end the civil partnership, you can get a legal separation. You can apply for separation during the first year of your civil partnership.
Our team of annulment of marriage solicitors are specialists in providing high quality legal services for annulment of marriage matters. Our experienced annulment of marriage solicitors have a wealth of knowledge and experience of successfully handling annulment of marriage matters.
How Can Sunrise Solicitors Help?
At Sunrise Solicitors, our experienced family law solicitors provide professional legal advice and representation in matters involving civil partnership dissolution and legal separation. Our solicitors can assist you with:
- Legal Advice on Civil Partnership Dissolution: Advising you on the legal requirements and eligibility criteria for ending a civil partnership in England and Wales.
- Civil Partnership Dissolution Applications: Assisting you with preparing and submitting an application to dissolve your civil partnership through the court.
- Legal Separation: Advising you on obtaining a separation order if you do not wish to dissolve your civil partnership or have been in the partnership for less than one year.
- Financial Matters: Providing legal advice and representation concerning financial arrangements and settlements arising from the dissolution of a civil partnership.
- Child Arrangements: Advising and representing you in matters involving child arrangements, where applicable.
- Court Proceedings: Providing legal representation and assistance throughout the relevant court proceedings.
Our family law solicitors aim to provide clear, practical legal advice tailored to your circumstances and guide you through each stage of the process.
Contact Sunrise Solicitors today to book an appointment with our family law solicitors to discuss your civil partnership dissolution or legal separation matter.
