Annulment of a marriage is fairly unusual but it does happen. If it’s possible for you, it is a similar process to divorce. There are specific circumstances under which an annulment can be granted. At Saracens Solicitors, we can support you when you are applying for an annulment and help you decide on the best way forward when we are acting as your divorce solicitor in London.
Void or voidable?
There are two types of marriage that are eligible for annulment. These are a void marriage and a voidable marriage. As your divorce solicitor in London, Saracens Solicitors can help you decided which one of these might apply to your circumstances if you are unsure.
A void marriage is one that was never legal to begin with. This type of marriage can be cancelled without the agreement of either party. Examples of marriages that might fall under this category are:
Bigamy – in the UK, if someone is already married, they cannot legally marry someone else. If they do so, the second marriage is automatically invalid;
Consanguine marriage – people who are close blood relations cannot marry and any union entered into would not be valid.
A voidable marriage is one that was legal and is recognised but meets other criteria that will allow for annulment. This includes:
- Forced marriage – marriage is essentially a contract between two parties that both need to enter into willingly. If either party did not consent, the contract is invalid. Proof is required in order to have the marriage annulled. Saracens Solicitors can advise you on the type of evidence that is likely to support your case when we are acting as your divorce solicitor in London;
- Unconsummated marriage – this is where a coupe have not had sex since the marriage. This only applies for opposite-sex couples. It is normally the case that one party is unable or unwilling to consummate the marriage for some reason;
- Sexually transmitted disease – if either party has a sexually transmitted disease at the time of the wedding, the other can apply for an annulment;
- Pregnancy – if the woman is pregnant with another man’s child at the time of the marriage, it may be possible to have the wedding annulled.