Family Law: Annulment

An annulment differs from separation or divorce because it acknowledges that a legal marriage never existed. If you believe your marriage is null, the family law solicitors at HOMS Assist can help. First you need to know the main grounds to apply for an annulment: 

  • Marriage ceremony formalities, such as giving appropriate notice to the Registrar of Marriages, were not complied with.
  • One party lacks the capacity to marry because, for example:
    • the person is aged under 18 and does not have a court order to allow the marriage
    • the person is married already
    • the person is in a civil partnership with another
    • the parties are too closely related to each other
  • Consent has not been given because, for example:
    • one party was not fully informed about the responsibilities of marriage due to fraud, mental illness, misrepresentation, error or coercion. 
    • one party was under the influence of drugs or alcohol at the time of the marriage.
  • A proper marriage relationship was not possible at the time of the marriage because of one party’s sexual orientation, personality disorder, or psychiatric illness, for example.

Annulling a Civil Partnership

A civil partnership may be annulled for many of the reasons cited above for annulling a marriage. These include:

  • One or both parties are married legally already.
  • Civil partnership formalities were not complied with properly.
  • One or both parties failed to give valid consent

A civil partnership cannot be deemed void due to either party’s inability to consummate or form or sustain a proper relationship, however.

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