Legal Divorce FAQs

Divorce Financial Resolution – Sharing Assets Financial Resolution – Property Financial Resolution – Pensions Mediation & ADR Children



88. Under what circumstances can a marriage be annulled?
A marriage can be annulled if it was legally invalid or ‘void’. This would be the case if:
  • You and your spouse are too closely related, e.g. siblings, or uncle and niece.
  • You or your spouse were under the age of 18 (or under 16 before 27 February 2023) at the time of the wedding.
  • You or your spouse were still legally married to someone else at the time of the wedding.
  • A marriage might also be void if the ceremony did not conform to the legal requirements, but this is a complicated issue.
A marriage can also be annulled within the first three years if it is legally valid but deemed to be ‘voidable’ if:
  • You were forced into the marriage, or there was no consent due to any other reason such as having a mental disorder at the time of your marriage.
  • The marriage has not been consummated since the wedding.
  • Your spouse had a ‘sexually transmitted infection’ at the time of your wedding.
  • Your spouse was pregnant by someone else at the time of your wedding.
  • One spouse is in the process of transitioning to another gender.
89. How do you annul a marriage?
You can apply to have a marriage annulled in the first year of marriage or any time after that. For most of the ‘voidable’ grounds of annulment, the application must be within three years of the wedding. If you apply years after the marriage took place, you will be asked to explain why you have waited to apply.
  • It is advisable to make agreements relating to any children and finances before applying for the annulment.
  • Apply for an annulment using form D8N (available on the gov.uk website).
  • Your spouse will need to respond to your nullity application within 14 days.
  • You can apply for a Conditional Order after your spouse responds.
  • Six weeks after receiving your Conditional Order, you can apply for a Final Order.
  • If the court is satisfied that your marriage can be annulled, you will be granted a ‘nullity of marriage order’ showing that your marriage has been annulled (and if it was void, that it was never legally valid).
  • Usually, you will not need to go to court.
  • You should get legal advice before you make such an application.
You can find more information on the government website: www.gov.uk/how-to-annul-marriage/apply-for-an-annulment
90. If a marriage was conducted abroad, can an annulment be obtained in England and Wales?
Yes, you can apply for an annulment if your marriage is legally recognised in the UK. If your marriage certificate is in another language, you will need to obtain a certified translation of it and present this with the application.
91. If a marriage was conducted abroad, can a civil divorce be obtained in the England and Wales?
If a marriage is legally recognised in, and you have a connection to England and Wales such as it being your place of domicile, you may be able to seek a divorce from the English and Welsh family courts. It is important to seek legal advice, especially if you think your spouse may begin divorce proceedings in another country, as that may have implications for any financial settlement.
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