When can you have your marriage annulled?
Annulment has a similar purpose to a divorce in that it brings a marriage to an end, but differs from divorce in significant respects. Rather than dissolving a valid marriage as a divorce does, an annulment treats the marriage as if it never existed. The marriage is declared null and void. A marriage can be annulled only in very specific circumstances provided under the law, which include:
* At the time of marriage your spouse was already married to someone else
* Either person was under 16 years of age at the time of the marriage
* The marriage was between people in a prohibited relationship (i.e. a close relative)
There is a distinction between a marriage that is void and one that is voidable. A void marriage is one that is declared never to have existed because it was not valid under the law when it took place. Other marriages, voidable marriages, may have met the requirements of the law when they took place but may subsequently be annulled. For example, if one partner has been granted a full gender recognition certificate after the marriage then either partner can seek to annul the marriage.
If you think that you may have valid grounds to have your marriage annulled you should let Contact Law put you in touch with a family solicitor. There are only very limited specific grounds which will constitute grounds for annulment. Solicitors can explain the law to you and consider whether your circumstances may suffice, and whilst many people would prefer to get an annulment rather than a divorce, it is notoriously difficult to establish annulment. Divorce solicitors can represent you in court and argue your case on your behalf, increasing your chances of being granted an annulment. They can also advise you on the legal consequences of an annulment, such as on your jointly owned property and government benefits.
