Divorce, Separation or...Annulment? When Is Annulment the Best Option?
Annulments are rare, but there are some instances where they might be the most appropriate option if your marriage has come to an end. They can be sought at any time, unlike in divorce where you have to have been married at least a year before you can apply to begin divorce proceedings. A further advantage is that they can be an alternative for those who oppose divorce on religious grounds. Unlike divorce, annulments have to go to court where you will need to give evidence to a judge.
Under What Circumstances Can I get an Annulment?
You need to prove one of two things: your marriage is either void or voidable.
Occasionally, a marriage may be void. Some reasons why a marriage could be declared void include:
- The people married were close relatives who are not allowed to marry (e.g. siblings)
- One of the parties to the marriage was already married
- One of the parties was under sixteen at the time of the marriage
- The parties were not respectively male or female
If this is the case, then the marriage is treated as though it never happened. Once the court has declared it void, a Nullity Decree should be applied for, which will be needed if either party wants to marry again.
A marriage can also be shown to be voidable; for instance if:
- It wasn’t consummated
- The woman was pregnant by someone else at the time of the marriage
- There was a lack of consent or mental capacity on behalf of either party; for example one person was coerced or not able to give consent
- Either party was suffering from a communicable venereal disease, knew about it and didn’t tell the person petitioning for an annulment
- One of the parties was issued with an interim gender recognition certificate after the marriage
How do I get an Annulment?
You need to apply to the Courts for an Annulment by filling in a nullity petition. As with divorce, you need to take into account questions like supporting children, property and maintenance. You also need to consider other issues such as updating your will.
