Annulment Lawyers in London

Annulments and Voidable Marriages

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An annulment is distinct from divorce. It is a formal court declaration that a marriage is either void or voidable. An annulment effectively treats the marriage as if it never took place, either because it was invalid from the outset or became invalid at a later point.

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While divorce ends a marriage, an annulment nullifies the marriage, meaning it is legally considered as though it never existed.

 

The process of obtaining an annulment can be complex, and the grounds on which annulments are granted differ from divorce. It’s important to seek legal advice to ensure the process is handled correctly.

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At Evalen Law, our expert legal team has extensive experience in handling annulment cases. We understand the sensitive nature of these matters and are here to guide you through the process, ensuring that your rights are protected.

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For further information or to discuss annulment options, contact Evalen Law today.

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Grounds for Annulment in the UK

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There are two categories of marriage eligible for annulment in the UK: void marriages and voidable marriages.

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1. Void Marriages:
   These marriages are legally invalid from the start. A void marriage is automatically considered to never have existed, so a formal annulment is not required to dissolve it. However, a decree of nullity from the court may be needed to address related matters such as property or financial arrangements.

   • Bigamy: One of the parties was already married at the time of the marriage.

   • Incest: The marriage is between close relatives who are prohibited from marrying under UK law.

   • Underage Marriage: One or both parties were under the minimum legal age to marry (16 years old in England and Wales).

2. Common grounds for a marriage to be deemed void include:

3. Voidable Marriages:
   These marriages are valid until annulled by the court. Grounds for annulment of a voidable marriage in the UK include:

   • Non-consummation: The marriage has not been consummated (i.e., not sexually completed) and one spouse has not consented to consummate the marriage.

   • Lack of consent: One party did not consent to the marriage, either due to duress, mistake, or mental incapacity.

   • Sexually transmitted disease: One spouse had a sexually transmitted disease at the time of marriage, which the other party was unaware of.

   • Pregnancy by another person: One spouse was pregnant by someone else at the time of the marriage and this fact was not disclosed to the other spouse.

   • Gender Transition: One party underwent a gender transition after the marriage, making the marriage voidable.

 

It’s important to understand that meeting one or more of these conditions does not automatically guarantee that the marriage will be annulled. The court will consider all relevant factors before granting an annulment, and it’s advisable to seek legal advice to ensure the best outcome.

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If you're considering annulment or need advice about eligibility, schedule a consultation with Evalen Law.

 

Duration of Annulment Proceedings 

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In straightforward, uncontested annulment cases, the process typically takes around six months. However, predicting the exact duration can be difficult, especially in more complex cases, as delays can occur. It’s advisable to book an early consultation with an experienced solicitor to help manage the process and avoid delays.

 

Regardless of the complexity of your case, Evalen Law offers dedicated legal support and representation to ensure a prompt and smooth resolution. Contact us for more information on annulments and voidable marriages.

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• Financial Matters: While annulments may address the validity of the marriage, they may not automatically resolve financial issues such as property division or spousal maintenance. If needed, additional applications to the court may be required.

• Religious vs Civil Annulments: A civil annulment has legal implications, but religious annulments (e.g., through the church) do not have legal standing in terms of property or financial rights. If you’re seeking an annulment for religious reasons, it’s important to distinguish between the two.

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