Annulment of Marriage ===================== [Ayesha Vardag](https://vardags.com/solicitors/ayesha-vardag) | Founder & President | 12th June 2025 The key difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment declares a marriage to have been invalid from the start. Most marriages are legally valid, making divorce proceedings much more common than annulments. An annulment is only possible if the marriage was either [void](https://vardags.com/law-guide/legal-marriage-requirements/void-marriages) or [voidable](https://vardags.com/law-guide/legal-marriage-requirements/voidable-marriages). In contrast, a divorce does not question the legal validity of the marriage but rather legally dissolves it. Unlike an annulment, which can be sought at any time after the wedding, you must be married for at least a year before you can apply for a divorce. **If you're considering or going through a divorce, or would like to explore alternatives, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") ### **Can I get an annulment?** To apply for an annulment, you need to complete a nullity petition. It's important to understand that the grounds for annulment are limited and can be challenging to prove. An annulment may be granted on one of two grounds: either that the marriage is void, or that it is voidable. A void marriage is one which was invalid *ab initio* and has therefore never, in fact, existed*.* Section 11 of the Matrimonial Causes Act 1973 sets out the situations in which a marriage will be **void**, namely: - That the marriage did not fulfill the requirements of the various Marriage Acts; - A party was underage; - The parties being too closely related; - That one party was already married or in a civil partnership; - That one party, where the marriage is polygamous, was domiciled in England and Wales at the time of the marriage. In contrast to this, a voidable marriage is one which has technically existed, but can be held to be invalid. The declaration of invalidity takes effect from the date of the decree. S.12 of the Matrimonial Causes Act 1973 sets out the grounds upon which a marriage may be **voidable**: - Non-consummation (by either party's incapacity, or by the respondent's willful refusal); - Lack of consent (including, but not limited to, duress, mistake or unsoundness of mind); - That one party was unfit for marriage due to mental illness, even if they had capacity to consent to it; - That the respondent was suffering from a communicable venereal disease, or was pregnant by a person other than the petitioner; or - Where there are issues of gender recognition. However, there are certain bars to making a nullity petition in relation to a voidable marriage. This means that you cannot seek annulment of a voidable marriage if, for example, you were aware that you could void the marriage, but your conduct led the other party reasonably to believe that you did not intend to do so. As with a divorce, you can still apply for the full range of financial remedies under the Matrimonial Causes Act 1973 pursuant to a petition for nullity. ### **Can I get a divorce?** After a year of marriage, you can file a divorce petition. Since the enactment of the Divorce, Dissolution and Separation Act 2020 that came into force in April 2022, which removed the requirement for fault or blame in the divorce process, the petition only must state that there has been an irretrievable breakdown of the marriage, and no proof is required. *Vardags' team of top divorce lawyers delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses.* About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Reads ------------- ### Annulment for non-consummation Any Friends fan can recall Ross and Rachel, post-Vegas, post-drunken-wedding, and remember that... [READ MORE](https://vardags.com/family-law/annulment-for-non-consummation "Annulment for non-consummation") ### Judicial separation: Whats it all about? Earlier this year, Jodie Kidd hit the papers for a 'quickie divorce' less than a year into the... [READ MORE](https://vardags.com/family-law/judicial-separation-jodie-kidd "Judicial separation: Whats it all about?") Related Guides -------------- [Judicial Separation](https://vardags.com/law-guide/alternatives-divorce/judicial-separation "Judicial Separation") [Non-marriages, void marriages, and voidable marriages](https://vardags.com/law-guide/legal-marriage-requirements/non-marriages-void-marriages-voidable-marriages "Non-marriages, void marriages, and voidable marriages") [Separation Agreements: Key Legal Considerations](https://vardags.com/law-guide/alternatives-divorce/separation-agreements "Separation Agreements: Key Legal Considerations") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. AUTHOR ------ Ayesha Vardag "Britain's top divorce lawyer" Ayesha Vardag rose to fame for winning the landmark Supreme Court case of Radmacher v Granatino in 2010, changing the law to make prenuptial agreements legally enforceable in England and Wales. The founder and President of Vardags, Ayesha specialises in high-net-worth divorce, often with an international... [READ MORE](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag") What our clients say -------------------- What should have been the worst year of my life was resurrected by this firm. The Manchester based team of Anne-Marie Bradley and Kate Taylor were exceptional. They treat you as a human being rather than a client. I can't thank... them enough for all their expertise, choice of barrister and expert witness. If I am ever unlucky enough to repeat this horrible episode, they will be my first port of call. Can't recommend these two enough. Mark Gallagher They have definitely lived up to their name of being a top divorce and family law firm. S. Gasparini Vardags aren't cheap, but they are worth it. Steve I would highly recommend AnneMarie Bradley. I found myself in a very difficult position during my divorce. her understanding of the position and making me see this from a different point of view helped me defend my position.... along with a defence it placed me in a driving position and saved me a lot of money. The end result was justice and I will be forever grateful. Dale Heathcote Very comprehensive service with excellent in house expertise. They helped me achieve an outcome that was beyond my expectations. Paul Stringer The review itself is not so much about the Firm but about a singular solicitor who I had the absolute pleasure to have as my solicitor in what I can only describe as the hardest time in my life! her name is Amie Pine. Matt Ballard OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)