Expert Legal Advice from Waely Law
A nullity of marriage declaration is a legal ruling that a marriage was never legally valid or is considered voidable under UK law. Unlike divorce, which ends a legally recognised marriage, an annulment states that the marriage was never valid in the first place. At Waely Law, our experienced family law solicitors provide clear, expert guidance on applying for marriage annulment, ensuring your rights and interests are protected.
A nullity of marriage (also known as an annulment) is a legal process that declares a marriage either:
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Void
The marriage was never legally valid, meaning it never existed in the eyes of the law.
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Voidable
The marriage was legal but can be annulled due to specific circumstances.
Unlike divorce, you do not need to wait one year before applying for annulment. If your marriage falls under the legal grounds for nullity, you can apply immediately.
Under UK law, a marriage can be annulled if it is classified as void or voidable:
A void marriage is one that was never legally valid under UK law. Although the marriage is considered invalid from the outset, a formal nullity (annulment) order is still required to confirm this and to resolve any related legal or financial matters. A marriage is considered void if:
- One party was already married or in a civil partnership at the time of the marriage.
- The couple are closely related (e.g., siblings, parent and child, uncle and niece).
- The marriage was not conducted in accordance with legal formalities (e.g., not performed by an authorised officiant).
- One party was under the age of 16 at the time of the marriage.
In these cases, the marriage is automatically invalid, and an annulment order is necessary to formally confirm this.
A voidable marriage is one that was legally valid at the time of marriage but can be annulled due to specific issues, including:
- Non-consummation – If the marriage has not been consummated due to incapacity or refusal (this applies only to opposite-sex marriages).
- Lack of consent – If one spouse did not validly consent to the marriage, for example, due to duress, mistake, or unsoundness of mind.
- Mental incapacity – If one spouse lacked the mental capacity to consent at the time of marriage.
- Gender recognition – If one spouse had a Gender Recognition Certificate and did not inform the other party before the marriage.
- Venereal disease – If one spouse had a sexually transmitted disease in a communicable form at the time of marriage and failed to disclose it.
- Sexually transmitted disease – If one spouse had a serious STD at the time of marriage and did not disclose it.
- Pregnancy by another person – If the wife was pregnant by another person at the time of the marriage and the husband was unaware.
If any of these apply, a marriage annulment may be granted.
Applying for nullity of marriage follows a structured legal process:
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Filing an Annulment Petition
You submit an application explaining why the marriage is void or voidable.
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Respondent’s Acknowledgment
Your spouse has 14 days to respond.
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Court Review
If uncontested, the court issues a conditional order confirming grounds for annulment.
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Final Nullity Order
The marriage is legally annulled, meaning it is as if the marriage never existed.
The process usually takes 6 to 8 months, depending on whether the application is contested.
A nullity of marriage does not automatically settle financial or child arrangements. If needed, our solicitors can help with:
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Financial Settlements
Dividing assets, property, and financial responsibilities.
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Spousal Maintenance
Arranging financial support if required.
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Child Arrangements Orders
Deciding where children live, spend time, and how parental responsibilities are shared
Even though an annulment means the marriage is treated as if it never legally existed, financial responsibilities could still arise. It’s important to obtain a court-approved financial settlement to protect your interests.
The annulment process typically takes 6 to 8 months, but this may vary depending on whether the case is contested. If financial or child arrangements need to be resolved separately, this may extend the timeline.
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A divorce ends a legally valid marriage, while an annulment declares that the marriage was never legally valid or is voidable under specific conditions. Unlike divorce, you can apply for an annulment at any time after marriage.
Yes. Unlike divorce, which requires a minimum one-year waiting period, you can apply for nullity of marriage at any time after the wedding.
Yes. Even if a marriage is annulled, financial claims may still arise, especially in voidable marriages. Seeking a financial settlement is crucial to protect your assets.
The court fee for applying for nullity of marriage is £612 (as of April 2025). If legal representation is required, solicitor fees vary based on case complexity.
In most uncontested cases, an annulment does not require a court hearing. However, if your spouse contests the annulment, court proceedings may be necessary, and legal representation is advised.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
- GOV.UK: Annulment of Marriage
This official UK government guide explains who can apply for annulment, the grounds for nullity of marriage, and how to file an application. - The Law Society: Marriage and Civil Partnership Annulment
This resource provides legal guidance on nullity of marriage, including financial settlements and child arrangements following an annulment.
