Deciding to end your marriage is always an emotionally challenging time as you try to come to terms with a significant change that may not just impact your life, but the lives of others.
There are two ways you can end your marriage in England and Wales, one is through divorce, where the marriage is legally dissolved following a defined process and timeline.
The other is through annulment, where you clarify the marriage wasn’t valid in the first instance or voidable due to a certain set of circumstances.
The reasons for your marriage ending may dictate the route you take, because there has to be certain legal grounds in place for annulment to be an option.
Having knowledge of both will help you make the right choice, but you should always consult with an independent legal adviser before choosing.
The basics of divorce
A divorce sees your marriage legally dissolved and gives you the opportunity to reach agreements on a number of factors, including a financial settlement.
There is no blame for the breakdown of your marriage declared during the divorce proceedings.
Once you apply for a divorce and the proceedings have been acknowledged by your spouse, there is a 20-week waiting period before a conditional order can be applied for with a further six-week and one day wait for the final order which confirms the end of your marriage.
How does a marriage annulment work?
Annulments must meet very specific requirements to be considered as they are a legal clarification about the status of a marriage.
A marriage can be void or voidable. A void marriage is a marriage that was never valid, whereas a voidable marriage was legally valid when entered into.
The grounds for annulment include your spouse being a close relative; the marriage was forced; the marriage was never consummated; your spouse is still married to another person; or one of you is underage.
There are also grounds which can be used if your spouse was pregnant with another person’s child or if your spouse is transitioning.
The financial settlement aspect of taking such proceedings needs to be carefully considered because if granted, an annulment declares a marriage void, which limits your chances of making a claim against your former spouse’s assets.
If you do have children, ability to deal with their care and maintenance is unaffected as these are considered separate matters from the annulment.
The laws in place will decide which route you take
For annulment to be a viable option, you will need to discuss the circumstances of the marriage with a legal advisor who will clarify whether there are grounds for annulment.
A marriage ending is always difficult, but we are here to support you and advise you on the best steps to take.
Our expert team can discuss your options and help you decide the best course of action. You’ll receive comprehensive advice and support to help protect your interests and ensure the process runs as smoothly as possible.
If you need support with divorce or annulment, contact the Head of our Family and Relationship Team, Alison Green on 0207 420 4193 or alison.green@mackrell.com
