Annulment Solicitors in London
Clear, confidential advice on void and voidable marriages, nullity applications and your financial position, across London and England & Wales.
An annulment (legally called “nullity of marriage”) is a court order declaring that a marriage was either never legally valid (void) or was valid but can be set aside (voidable). Unlike divorce, you can apply for an annulment at any point, including within the first year of marriage.
Our annulment solicitors in London advise on every stage of a nullity application in England and Wales. That includes checking whether your marriage is void or voidable, preparing Form D8N and the supporting evidence, dealing with a spouse who disputes the application, and protecting your financial position. We act from our offices in High Holborn (Central London) and Upton Park (East London). We also advise clients across England and Wales, including Hertfordshire and the Home Counties, by Zoom, Teams, WhatsApp or Skype.
Call 0207 100 2525 (24/7) or book a free consultation with our annulment lawyers.
What is a marriage annulment?
A marriage annulment is a legal decision by the family court that a marriage is null. That means it was either void from the start or voidable because of a defect recognised by law. The rules are set out in sections 11 to 13 of the Matrimonial Causes Act 1973 and summarised in GOV.UK’s guide to annulling a marriage.
The court order that ends the process is now called a nullity of marriage order. Applications issued before 6 April 2022 used the older term “decree of nullity”. Once the order is made, the parties are legally free to remarry.
Annulment is different from a religious annulment. A church or faith-body annulment has no legal effect in England and Wales. To end the marriage in law, you still need a civil nullity order or a divorce.
Void vs voidable marriage: which applies to you?
A void marriage was never legally valid. A voidable marriage is legally valid until the court annuls it. The difference affects the evidence you need, the time limits and how the other party can respond.
| Void marriage | Voidable marriage | |
|---|---|---|
| Legal status | Never valid in law | Valid until a nullity order is made |
| Legal basis | MCA 1973, section 11 | MCA 1973, section 12 |
| Time limit | None | 3 years for most grounds. None for non-consummation |
| Can the other spouse “approve” the marriage? | No | Yes. Conduct can bar an annulment (s.13(1)) |
| Do you need a court order? | Advisable, especially to remarry or claim finances | Yes, essential |
When is a marriage void?
A marriage is void if one of these was true on the wedding day:
- The parties are closely related (within the prohibited degrees of relationship).
- Either party was under 18. This applies to marriages from 27 February 2023, under the Marriage and Civil Partnership (Minimum Age) Act 2022. For marriages before that date, the age was 16.
- Either party was already married or in a civil partnership (bigamy).
- Certain legal formalities were knowingly and wilfully ignored, for example where both parties knew the marriage wasn’t properly registered.
A ceremony that falls completely outside the Marriage Acts, such as a religious-only ceremony in England with no attempt at a legal marriage, may be treated as a “non-qualifying ceremony” instead. That is neither void nor valid, and it gives no right to financial orders. Telling these situations apart early is one of the most important things our annulment lawyers do.
When is a marriage voidable?
A marriage is voidable if one of the grounds in section 12 of the Matrimonial Causes Act 1973 applies:
- Non-consummation: the marriage hasn’t been consummated because either spouse is incapable, or because the respondent wilfully refuses. This ground doesn’t apply to same-sex marriages.
- Lack of valid consent: either party didn’t properly consent because of duress (including forced marriage), mistake or unsoundness of mind.
- Mental disorder: at the time of the marriage, one party had a mental disorder (within the meaning of the Mental Health Act 1983) that made them unfit for marriage.
- Sexually transmitted infection: the respondent had a venereal disease in a communicable form at the time of the marriage.
- Pregnancy by another person: at the time of the marriage, the respondent was pregnant by someone other than the applicant.
- Interim gender recognition certificate: an interim certificate under the Gender Recognition Act 2004 was issued to either party after the marriage. See GOV.UK’s guidance on gender recognition certificates.
- Acquired gender: at the time of the marriage, the respondent’s gender had become an acquired gender under the Gender Recognition Act 2004.
For the STI, pregnancy and acquired-gender grounds, you must show you didn’t know the relevant facts when you married (s.13(3)).
If you have been forced into a marriage, or fear you will be, you can get confidential help from the government’s Forced Marriage Unit.
Is there a time limit for an annulment?
There’s no time limit for annulling a void marriage or a marriage that hasn’t been consummated. Most other voidable grounds must be issued within three years of the wedding. The limits are set by section 13 of the Matrimonial Causes Act 1973:
| Ground | Deadline |
|---|---|
| Void marriage (any ground) | No time limit |
| Non-consummation (incapacity or wilful refusal) | No time limit |
| Lack of consent, mental disorder, STI, pregnancy by another, acquired gender | 3 years from the date of marriage |
| Interim gender recognition certificate issued after marriage | 6 months from the date the interim certificate was issued |
The court can allow a late application on the 3-year grounds if the applicant had a mental disorder at some point during those three years and it’s just to do so (s.13(4)). Even where no deadline applies, GOV.UK notes you may be asked to explain a long delay. And for voidable marriages, a spouse who behaved as though they accepted the marriage can be barred from annulling it (s.13(1)). Getting advice early matters.
Annulment vs divorce: what is the difference?
Divorce ends a valid marriage. An annulment declares that the marriage was void or is voidable. Divorce needs no reason under the no-fault system. Annulment needs proof of a specific legal ground.
| Annulment (nullity) | Divorce | |
|---|---|---|
| When you can apply | Any time, including in the first year | Only after one year of marriage |
| Grounds | Must prove a void or voidable ground | No-fault, statement of irretrievable breakdown |
| Can it be defended? | Yes, the respondent can dispute the ground | Only on very limited grounds (e.g. jurisdiction) |
| Court fee | £612 | £612 |
| Final document | Nullity of marriage order | Final order |
| Financial claims | Available | Available |
Many clients choose annulment for religious, cultural or personal reasons, or because they can’t wait the one year divorce requires. If your situation is borderline, our solicitors will tell you honestly whether a no-fault divorce would be faster and simpler.
Who can apply for an annulment in England and Wales?
You can apply for an annulment in England and Wales if the court has jurisdiction, mainly based on where you and your spouse are habitually resident or domiciled. Under section 5(3) of the Domicile and Matrimonial Proceedings Act 1973, the court has jurisdiction if, on the date of the application:
- both spouses are habitually resident in England and Wales; or
- both were last habitually resident here and one still is; or
- the respondent is habitually resident here; or
- the applicant has been habitually resident here for at least one year immediately before applying; or
- the applicant is domiciled and habitually resident here and has lived here for at least six months immediately before applying; or
- either spouse is domiciled in England and Wales.
There are also special rules where a spouse has died. International cases, such as a marriage abroad or a spouse living overseas, often need careful jurisdiction analysis before anything is filed.
How to annul a marriage in the UK: step by step
To annul a marriage in England and Wales, you file Form D8N with the court and pay £612. You then apply for a conditional order and, six weeks later, a final order. GOV.UK sets out the process under Apply for an annulment.
- Initial advice and evidence. We confirm the correct ground (void or voidable), check jurisdiction and time limits, and gather the evidence. That might be a marriage certificate, proof of an earlier marriage, medical evidence or witness statements.
- Nullity application (Form D8N). The application is sent to the Bury St Edmunds Regional Divorce Unit with the £612 court fee. You may qualify for help with court fees.
- Service and response. The court issues the application and it’s served on your spouse, who has 14 days to say whether they agree. If your spouse can’t be found or won’t engage, we can deal with alternative service.
- Conditional order (Form D84NV). Once the response period has passed, we apply for a conditional order of nullity, supported by a statement confirming the facts. If the application is defended, the court will list a hearing.
- Final order (Form D36N). Six weeks after the conditional order, we apply for the final order. This is the nullity of marriage order. If the marriage was void, it confirms you were never legally married.
If you’re thinking of remarrying, wait until the final order has been made.
Money, property and children after an annulment
An annulment doesn’t stop you from asking the court for a financial settlement. The court can make the same financial orders after a nullity order as after a divorce, under section 23 onwards of the Matrimonial Causes Act 1973. These include maintenance, lump sums, property transfers and pension sharing.
- Finances: you can agree terms or apply for a financial order. See GOV.UK’s guidance on money and property when a relationship ends and our financial provision and divorce and finance services.
- Children: an annulment doesn’t affect a child’s relationship with either parent. Children of a voidable marriage are treated as children of a marriage. Arrangements for where children live can be agreed or decided by the court. See our child arrangements and child relocation services.
- Future planning: if you remarry, a prenuptial agreement can protect your assets.
Why choose Adam Bernard's annulment solicitors?
- SRA-regulated family solicitors (SRA No: 598171, 656730) with experience of contested and uncontested nullity cases, including forced marriage, non-consummation and bigamy.
- 15+ years and 15,000+ clients across our legal services.
- Free initial consultation, in person or by Zoom, Teams, WhatsApp or Skype.
- Two London offices, in High Holborn (Central London) and Upton Park (East London), with clients advised across England and Wales.
- Sensitive, confidential advice. Annulment cases often involve personal matters, and we handle them discreetly.
We also advise on divorce, postnuptial agreements, cohabitation agreements, adoption and other family law services, including tracing a missing spouse and service of court documents.
Speak to an annulment lawyer today
Call 0207 100 2525 (24/7) or book your free consultation with our annulment solicitors in London.
This page is for general information and doesn’t constitute legal advice. Last reviewed: 13 October 2026.
Marriage annulment FAQs
How long does an annulment take in the UK?
An undefended annulment usually takes several months. After the application is issued, your spouse has 14 days to respond. You then apply for a conditional order, and must wait at least six weeks after that before applying for the final order. Court processing times and any defence add to the timeline.
How much does an annulment cost?
The court fee for a nullity application is £612. You may be eligible for help with court fees if you are on certain benefits or a low income. Legal fees depend on whether the case is contested, and we will explain costs at your free consultation.
Can I get an annulment after 3 years of marriage?
Yes, if the marriage is void (for example bigamy, or one party was under 18) or has not been consummated, because those grounds have no time limit. Most other voidable grounds must be brought within three years of the wedding, unless the court allows a late application because of a mental disorder.
Can you annul a marriage in the first year?
Yes. Unlike divorce, which you can only apply for after one year of marriage, you can apply for an annulment at any time after the wedding.
Can a same-sex marriage be annulled?
Yes, on any void ground or any voidable ground except non-consummation. The non-consummation grounds do not apply to same-sex marriages.
Is a forced marriage grounds for annulment?
Yes. A marriage entered under duress is voidable for lack of valid consent. The application must normally be made within three years of the marriage. Confidential support is available from the government's Forced Marriage Unit.
Can my spouse stop the annulment?
For a voidable marriage, your spouse can defend the application, either by disputing the ground or by showing you behaved as though you accepted the marriage and that annulling it would be unjust (s.13(1) Matrimonial Causes Act 1973). A void marriage cannot be validated by either party's conduct.
Can I claim money or property after an annulment?
Yes. The court can make financial orders after a nullity order in the same way as after a divorce, including maintenance, lump sums, property and pension sharing. This does not apply to a "non-qualifying ceremony" that was never a marriage in law.
Is a religious annulment legally valid in the UK?
No. A religious annulment has no legal effect in England and Wales. You will need a civil nullity of marriage order or a divorce to end the marriage in law.
Request to book a Free Consultation
Our Clients Share Their Success Stories.
Good service 👍 👌 many thanks for the great service you have provided to us. Our visa got approved just within 2 weeks only because of your hardwork and subject matter expertise. I am very thankful to you
For me, it was the attitude towards the job the lawyers displayed. Totally unmatched. I've been in and out of law firms because of the divorce with my wife and other related issues but Adam Bernard Solicitors was it for me guys. The best!
I want to thank Adam Benard team, they really helped me in my process of purchasing a property, their team are listen and respond to their customers fast. I really love your service, thanks alot.
Adam Bernard team helped me to purchase the best property for the best amount of time for the best money i have . i personally love dealing with them and i thank the team for all the efforts they made to make the task better .
