Nullity - where your marriage is not valid

If your marriage is not valid for any reason then you can have the marriage "Annulled". This is done by applying for a nullity of marriage order.

Examples of when you may seek an annulment of your marriage is where:

1. It has not been consummated. (i.e. you have not had sex with each other since you were married.) This does not apply to same-sex couples.

2. At the time of the marriage your partner was already married to someone else.

3. One or both of you were under 16 when you got married.

4. You have inter-married (i.e. married a close relative).

5. You did not consent to the marriage - a forced marriage.

6. Your partner had sexual transmitted disease (STD) at the time of the marriage and they were aware of this at the time, but you were not.

7. Your partner was pregnant with another person's child at the time of the marriage and they were aware of this at the time, but you were not.

8. One spouse is in the process of transitioning to a different gender.

You must apply to annul the marriage within a reasonable period of time, in some cases this will be within 3 years. There is no requirement to have been married for 12 months before applying for a nullity.

For further information see applying to annul your marriage or civil partnership

There is a court fee, but you can get help paying the fee if you are on benefits or a low income.
 

Applying for a Divorce Order - conditional order and divorce order

Relationships & Family Law

 

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