Many people focus on divorce when looking to bring a marriage to an end, but annulment can occasionally be an option in certain exceptional circumstances. Understanding the key differences can help one or both spouses decide whether annulment is an option, particularly when personal circumstances, religious beliefs or the nature of the marriage itself play a part.

In this blog, the family law solicitors at Switalskis outline the difference between annulment and divorce, how the legal process works in each case, and when one option may be more suitable than the other under the law in England and Wales.

How separation works under the no fault divorce system

Under the current no fault divorce system, the court does not examine allegations of blame when considering a divorce. Instead, one or both parties simply needs to state that the marriage has irretrievably broken down. This acknowledgement starts the divorce process, which includes a waiting period before a final document, known as the final order, is granted.

Divorce ends the legal relationship between the parties, and where possible both parties can come to a fair agreement on how their assets are divided. Where this can't be decided, the courts can step in to make decisions on spousal support and the division of matrimonial property. Where arrangements for the children cannot be agreed, the court can make child arrangements orders (what was once known as 'child custody').

What annulment means in family law

Annulment, sometimes referred to as “nullity”, formally declares that the marriage was either legally invalid (void) or capable of being treated as invalid (voidable). Unlike divorce, an annulment states that the marriage never legally existed, even though one or both spouses may have believed it did at the time.

These situations require evidence and careful legal analysis, which is why early advice from a family law solicitor is important when considering annulment.

People can get an annulment without needing to show that their relationship has irretrievably broken down. In some circumstances, annulment can be sought immediately, without waiting for a set time to pass. The annulment process is still a formal legal procedure, and in most cases a court hearing is required before the court issues the marriage order confirming the annulment.

Examples of situations where a marriage may be deemed void

A void marriage is treated as though it never legally existed. Reasons why a marriage may be deemed void include:

• One party was already married or in a civil partnership.
• The parties were too closely related.
• The marriage did not follow the legal formalities, such as a ceremony that did not comply with UK legal requirements, or a marriage conducted abroad that does not meet the criteria for recognition under English law.
• One party was under the legal age to marry.

In these situations, annulment does not depend on the behaviour of either spouse, as the marriage was never capable of being a legally valid marriage.

By contrast, a voidable marriage is considered legally valid until a court issues a legal declaration stating otherwise. Grounds include:

• Lack of consent due to pressure, duress or a mental disorder affecting understanding or decision-making.
• One party lacked the mental capacity at the time of the marriage due to a mental disability or temporary impairment.
• The marriage has not been consummated, but only in opposite-sex marriages.
• One spouse had a sexually transmitted disease at the time of the marriage and did not disclose it.
• One spouse was pregnant by someone else when the marriage took place and did not disclose it.
• Either spouse was not legally capable of entering into the marriage because of certain personal circumstances, such as misunderstanding the nature of the ceremony.

These situations require evidence and careful legal analysis, which is why early advice from a family law solicitor is important when considering annulment.

How the law works

Divorce accepts that the marriage was legally valid. It brings the legal relationship to an end and allows the parties (or the court) to make decisions about finances, property and child arrangements.

Annulment, on the other hand, states that the marriage was either never valid or is capable of being treated as such. This difference affects the legal status of the parties.

Even though annulment states that the marriage is legally invalid, the court can still resolve financial disputes. This includes disagreements regarding property, savings, pensions and ongoing arrangements for one or both spouses. Annulment does not automatically protect someone from claims, and early advice is essential to protect long-term interests.

Why personal circumstances affect whether annulment is an option

There is no single “best” route to end a marriage. In a few cases an annulment may be possible, such as:

• Their marriage falls into one of the void marriages or voidable marriage grounds.
• They seek a legal declaration that the marriage never legally existed.
• Their circumstances require them to act immediately rather than wait through the no fault divorce timetable.

Outside of these rare situations, those who wish to end a marriage must pursue a divorce.

When to speak with a solicitor

Annulment and divorce serve different purposes, and outside of the specific situations mentioned above that make an annulment an option, divorce is the only way to end a marriage. To discuss your options, call the divorce solicitors at Switalskis today on 0800 138 0458 , or get in touch through the form on our website.