Annulment

An annulment, also known as 'nullity,' is a legal process that declares a marriage null and void, essentially treating it as if it never happened. It can come with several legal and financial advantages over divorce, such as avoiding marital property division and spousal support, and provide a stronger sense of closure.

Unfortunately, annulments can be hard to get. You need a specific reason to acquire one, and there might be a time limit to file. Consulting with a family law solicitor, like the specialists at Sousa Law, is the best way to decide if an annulment is right for you.

Our team have helped countless couples in Southampton get through the annulment process. Below, we’ll cover everything you need to know and how we can guide you through it.

You can apply for an annulment within the first year of marriage or any time later. If you wait a long time after the wedding to apply, the court might ask you to explain the delay.

There are two main reasons why a marriage might be annulled:

• Never legally valid (void): This means there was a problem from the start that made the marriage not count legally.
• Legally valid, but meets reasons for annulment (voidable): Even though the ceremony was deemed valid at the time, something occurred that makes it possible to get an annulment.

We'll dive deeper into each of these reasons below.

Some marriages are considered invalid from the start, meaning that in the eyes of the law, they never actually happened. Here's why a marriage might be considered void:

• You're closely related to your spouse
• One or both of you were under 18 (or under 16 if the marriage took place before 27th February 2023)
• One or both of you were already married or in a civil partnership

If a marriage wasn't legally valid from the start, you can have it annulled. However, you'll likely need legal documentation, such as a 'decree of nullity' or a 'nullity of marriage order,' to prove this (especially if you plan to remarry).

Even valid marriages can be rendered void in certain situations, meaning they can be annulled. Here are some reasons why:

• The marriage was not consummated (this does not apply to same-sex couples)
• You did not properly consent to the marriage - for example, if you were forced into it
• The other person had a sexually transmitted disease (STD) at the time of the marriage
• Your spouse was pregnant by someone else when you got married
• One spouse is in the process of transitioning to a different gender

Both annulment and divorce are legal ways to end a marriage, but they differ in how they view the marriage in the eyes of the law:

• A divorce acknowledges that a valid marriage existed but dissolves it due to reasons like incompatibility or marital issues. It essentially ends the legal recognition of the marriage going forward.
• An annulment declares the marriage null and void, meaning it was never legally valid in the first place. This can happen for reasons like underage marriage, bigamy (already being married), lack of consent, or mental incapacity.

Thinking about getting an annulment? Our experienced family lawyers can help you understand if it’s the right path for you. We'll guide you through your options, explain the potential outcomes, and support you in making an informed decision about your future.

Here's how Sousa Law can be by your side:

• Our solicitors will take the time to understand your unique circumstances and tailor our advice to your specific needs.
• We understand the emotional challenges that come with annulment. Our compassionate, practical approach minimises stress and expense while working towards a positive outcome.
• Navigating child arrangements during annulment can be difficult. We can guide you through the process and help create a plan that prioritises your children's well-being.
• We encourage alternative dispute resolution methods like mediation, arbitration, Resolution Together, and collaborative practice to limit the need for legal involvement.

Ready to take the first step? Book an appointment online or call us on 02380 713060 for a confidential discussion today.