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Annulment

An annulment means that legally the marriage did not technically exist.

A marriage can be annulled, and therefore ended, subject to certain conditions and criteria defined in law.

The conditions for annulment, which apply to enable you to seek an annulment in England and Wales, are as follows:

  • Have lived in England for at least a year
  • Had a permanent home in England & Wales for 6 months

There is no time restriction as to when you can apply for an annulment and indeed this may be in the first year of your marriage. If there is a significant delay in you applying for annulment you may be asked by the Court to explain the delay.

There are certain circumstances in which the courts will hold that the marriage is void.

These circumstances for voiding the marriage include:

  • Where you are too closely related to the person you married
  • Where one of you is under the age of 16 at the time of the marriage
  • If one party was already married or in a civil partnership at the time of the marriage

Nevertheless, you will still need to apply to the Court for legal documentation to confirm the position.

There are a second set of circumstances where the law denotes that your marriage is voidable but this is subject to you providing evidence of the facts to the court.

The second set of circumstances where the marriage is voidable include:

  • Where you did not properly consent to the marriage (e.g. you entered the marriage under threat of violence)
  • At the time of the marriage the other party had a sexually transmitted disease (STD)
  • The marriage had not been consummated, that is you had not had sexual intercourse with the other person after the wedding. (Please note this does not apply to same sex couples)
  • In opposite sex couples, the woman was pregnant by another man at the time of the marriage
  • One of the parties is in the process of transitioning to a different gender

At Specters, we can advise you of the correct process for you to adopt and the evidence that you may need to produce, as well as offering support with any other relief you may be seeking due to things such as domestic violence or in relation to children.

We will guarantee a fixed price and rest assured that the solicitor appointed to you will be sympathetic and thorough, ensuring the matter is dealt with efficiently and with sensitivity.

To get in touch with the Specters team, submit an enquiry below or call us on 0300 303 3629.

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Divorce FAQs

What are the grounds for divorce?

To get a divorce, you must be able to demonstrate that your marriage has irretrievably broken down. You must be able to prove the following:

  • Your spouse has acted unreasonably;
  • Your spouse has committed adultery;
  • Your spouse has deserted you for a continuous period of two years;
  • You and your spouse have been separated for at least two years and you are both in agreement to the divorce proceedings;
  • You and your spouse have been separated for at least five years.

How long does the divorce procedure take?

A standard divorce can take between 6-8 months, provided that it is not contested. If a divorce is contested then this timescale will be longer and it will depend on when outstanding issues are resolved.

Do I have to attend court?

If matters are uncontested, and you have already agreed with your former partner your divorce and financial arrangements, there will be no requirement for you to attend court. Your divorce will be processed based on your paperwork. If you not agreed on part or all of your financial arrangements, you will be obliged to attend Court.