Understanding the Basics of Marriage Annulment

Posted: 19 January 2026

Marriage annulment is often misunderstood. Unlike divorce, which ends a legally valid marriage, an annulment is a court order declaring that a marriage was either never legally valid or should no longer be treated as valid in law. Understanding what is an annulment in a marriage can help you decide whether this option may apply to your circumstances.

What Is an Annulment?

Many people ask, “What’s an annulment?” and “How is an annulment different from divorce?” An annulment is a legal declaration that a marriage is either void or voidable, and if a decree of nullity is granted, the law may treat the marriage as though it never existed.
Annulment is available only in specific circumstances set out in legislation and is not simply an alternative route to ending a marriage that has broken down.

Void and Voidable Marriages

The law recognises two main categories when considering the annulment of marriage.

Void Marriages

A void marriage is one that was never legally valid from the outset. Common reasons for annulment include:

• One or both parties were under the legal age to marry
• The parties are too closely related to marry
• One party was already married or in a civil partnership
• The required legal formalities for marriage were not followed

If a marriage is void, it can generally be annulled at any time, although delay may create practical or evidential difficulties.

Voidable Marriages

A voidable marriage is legally valid at the time it took place, but may be annulled if certain specific grounds apply. These include:

• Lack of valid consent, such as pressure, coercion, mistake or incapacity
• Non consummation of the marriage, which does not apply to same sex marriages
• One party having a serious mental disorder at the time of the marriage
• One party being pregnant by someone else at the time of the marriage
• One party having a sexually transmitted disease at the time of the marriage which the other did not know about
• One party having changed legal gender before the marriage without informing the other

These situations are among the recognised reasons for annulment under UK law, and the list of voidable grounds is closed.

How Do You Annul a Marriage?

An application for a decree of nullity is made to the family court, setting out the legal grounds relied upon and including any supporting evidence.

In most cases involving voidable marriages, applications must be made within three years of the wedding, although the court can allow applications outside this period in limited circumstances.

If the application is not disputed, the court may be able to deal with it largely on the documents without a full hearing. If it is contested, a judge will consider the evidence and legal grounds before deciding whether to grant the annulment.

Is There a Waiting Period for Annulment?

Unlike divorce, there is no requirement to wait one year before applying for an annulment of marriage. This can be important for individuals who wish to bring the legal relationship to an end sooner, or for those who have religious or personal reasons for not seeking a divorce.

If the application is not disputed, the court may be able to deal with it largely on the documents without a full hearing. If it is contested, a judge will consider the evidence and legal grounds before deciding whether to grant the annulment.

Financial Matters After Annulment

An annulment does not automatically resolve financial matters between you and your spouse. Separate applications may be needed to address finances, property, pensions or ongoing financial support.

In most cases, the family court has powers similar to those available in divorce proceedings when deciding financial orders after a decree of nullity.

Marriage Annulment Key Points

Understanding what an annulment is in a marriage helps clarify whether this option applies to your situation. Annulment is not available simply because a relationship has broken down. It depends on specific legal grounds and, for many voidable marriages, time limits.

Because the rules around annulment of marriage are technical and evidence-based, professional legal advice is often essential before deciding whether to seek annulment or divorce.

Speak to Our Family Law Team Today

Our Family Law solicitors advise individuals on separation, divorce and annulment, including cases involving complex grounds or historic marriages. We provide clear guidance on eligibility, procedure and likely outcomes, tailored to your circumstances.

If you need advice on annulment or separation, speak to our marriage separation solicitors for clear, practical legal guidance.

If you require Family Law legal advice or require representation in a family court, please contact our expert Family Law Team. Call Chelmsford Office 01245 493959 or Braintree Office 01376 556690 or send an email.

Author: Daren Vythilingum, Partner & Head of Family Department

As Partner in the firm’s Chelmsford office, Daren provides empathetic and practical advice tailored to each client’s unique circumstances in all aspects of Family Law services. Daren joined Taylor Haldane Barlex, Chelmsford office as a Partner in 2025.