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Annulment vs. Divorce: What Are the Differences?

Breakup Advice Divorce
4 mins to read

An annulment acknowledges that the marriage was void, and therefore is wiped from all records as if it never existed. Annulment is often preferable for religious people who do not want to be considered divorced.

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For many people, the idea of getting divorced is stressful and unpleasant. In some cases, an annulment may be a better option. However, the grounds for annulment are very specific and will not apply to everyone. You will also need to prove that your circumstances meet the legal requirements, which is not always straightforward.

What is an annulment?

An annulment is the legal recognition that a marriage was invalid. This means the marriage is treated as though it never legally existed. The reasons for an annulment fall into two categories: the marriage is void or it is voidable.

What are the grounds for annulment?

The grounds for annulment fall into two sections. The first is where the marriage was never legally valid in the first place. This includes:

  • Bigamy, where one of you was already married.
  • Incest, where you are closely related.
  • Underage marriage, where one or both of you were below the legal age and the marriage was not valid.

The second category applies where the marriage is considered defective and can be voided. These grounds include:

  • The marriage has not been consummated.
  • One person had a sexually transmitted disease at the time of the marriage.
  • The woman was pregnant by another man when the marriage took place.
  • Lack of consent, such as marrying under duress, while intoxicated, while mentally incapacitated, or after being misled by fraud.

Specifics of voidable grounds

Films and television often suggest that a marriage can be annulled simply because it has not been consummated. In reality, this can be more complicated. The issue usually relates to the capacity to have a sexual relationship within the marriage, rather than a personal decision not to. Infertility is not a reason for annulment. In some cases, a consistent refusal by one spouse may be relevant, but you should take legal advice on whether this applies. This ground also does not apply to same-sex marriages.

Cases like these can be difficult to prove, especially if medical evidence is needed and your spouse is unwilling to provide it. Lack of consent can also be challenging to demonstrate. If you are unsure whether you have grounds for annulment, it is sensible to speak to a solicitor.

How long before you can get a marriage annulled?

There is no minimum waiting period to get an annulment, unlike divorce, where you usually need to have been married for at least a year before starting the process. Read more about the grounds for divorce.

How do I get an annulment?

The annulment process is similar to divorce. You can read more about how divorce proceedings begin.

You apply to legally end the marriage and pay a court fee of £593. Your spouse then has 14 days to respond. After that, you can apply for a conditional order, formerly known as a decree nisi. You will need to provide a statement of validity confirming that the information in your application is true. Once the conditional order is granted, you must wait six weeks before applying for the final order, formerly known as the decree absolute.

Depending on the grounds for the annulment and how complex the case is, you may still need to attend court, even if your spouse agrees.

Annulment vs divorce

Although annulment can seem simpler on the surface, particularly for people who have only recently married, it may also be an option for those who have been married for several years. As with divorce, you may still need to resolve financial matters and child arrangements where relevant.

Annulment is often preferred by people whose religious beliefs mean they do not want to be considered divorced. However, some grounds are much easier to prove than others. Showing that a marriage was void may be straightforward in some cases, such as using a birth certificate to show one spouse was underage or a marriage certificate to show one spouse was already married. In other cases, such as proving lack of consent or non-consummation, the evidence may be far more complex.

What about civil partnerships?

The process for ending a civil partnership is different from the process for ending a marriage, so some annulment grounds do not apply. Instead, you would apply to dissolve your civil partnership and make arrangements for finances and assets in a similar way to divorce.

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