Annul a marriage

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1. When you can annul a marriage

Annulment (sometimes known as ‘nullity’) is a different way of ending a marriage.

Unlike divorce, you can apply for annulment in the first year of your marriage or any time after. However, if you apply years after the wedding, you might be asked to explain the delay.

You’ll need to show that the marriage:

  • was never legally valid (‘void’)
  • was legally valid, but meets one of the reasons that makes it ‘voidable’

Your marriage is not legally valid - ‘void’ marriages

You can annul a marriage if it was not legally valid in the first place, for example:

  • you’re closely related to the person you married
  • one or both of you were under 18 (or under 16 if the marriage took place before 27 February 2023)
  • one of you was already married or in a civil partnership

If a marriage was never legally valid, the law says that it never existed.

However, you may need legal paperwork (a ‘decree of nullity’ or ‘nullity of marriage order’) to prove this - for example if you want to get married again.

Your marriage is ‘voidable’

You can annul a marriage for a number of reasons, such as:

  • it was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples)
  • you did not properly consent to the marriage - for example you were forced into it
  • the other person had a sexually transmitted disease (STD) when you got married
  • your spouse was pregnant by someone else when you got married
  • one spouse is in the process of transitioning to a different gender

As with divorce, your marriage legally exists until you annul it using one of these reasons.

The rules on ending a civil partnership are slightly different, but the court forms are the same.

2. Before you apply

You and your husband or wife can choose to work out:

You can also divide your money and property.

You can usually avoid going to court hearings if you agree about children, money and property.

Get help or advice

You can get advice about legal paperwork and making arrangements from:

Find a legal adviser if you need legal advice.

3. Apply for an annulment

You can apply to have your marriage annulled as soon as you get married. Unlike divorce, you do not have to wait for a year.

To annul a marriage, fill in a nullity application form.

Send 2 copies of the form to:

Bury St Edmunds Regional Divorce Unit
Triton House
St Andrew's Street North
Bury St Edmunds
IP33 1TR

Keep your own copy.

Filing a nullity application form costs £593.

You may be able to get help with court fees if you’re on benefits or a low income.

After you’ve applied, the court will send you a notice that your application has been issued.

4. Apply for a conditional order or decree nisi

The other person must respond to your nullity application within 14 days, saying whether they agree the marriage should be annulled.

Once they respond, you can apply for a conditional order (or a ‘decree nisi’ if the date on your court notice is before 6 April 2022). This will confirm that the court does not see any reason why the marriage cannot be annulled.

How to apply

How you apply depends on when the court issued your annulment application.

If the court issued your annulment application before 6 April 2022

To get a decree nisi, fill in the application for a decree nisi.

You must also fill in a statement confirming that what you said in your nullity application is true.

Use one of the forms below, depending on whether your marriage is ‘void’ or ‘voidable’:

See when you can annul a marriage for the difference between ‘void’ and ‘voidable’ marriages.

If the court issued your annulment application on or after 6 April 2022

To get a conditional order, fill in the application for a conditional order.

5. Apply for a final order or decree absolute

6 weeks after you get the conditional order or decree nisi you can apply for either:

  • a decree absolute - if the court issued your annulment application before 6 April 2022
  • a final order - if the court issued your annulment application on or after 6 April 2022

This is the final legal document which says that the marriage has been annulled.

How to apply

How you apply depends on when the court issued your annulment application.

If the court issued your annulment application before 6 April 2022

Fill in the notice of application for decree nisi to be made absolute.

If the court issued your annulment application on or after 6 April 2022

Fill in the final order application form.

When you return your forms

The court will check if there are any reasons that the marriage cannot be annulled. In most cases, you do not need to go to court for this.

If the court is happy, it will send you a ‘decree of nullity’ or ‘nullity of marriage order’. This will confirm that you’re no longer married.

If your marriage was never legally valid (‘void’), the decree or order will confirm that you were never legally married.