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What is an annulment?
This is the means by which a marriage is brought to an end. An annulment declares that the marriage is null and void. Unlike a divorce, you can apply for an annulment in the first year of your marriage.
What is a void marriage?
This is a marriage that is invalid from the beginning and the parties do not need to seek an annulment, however, it is advisable to do so because the annulment is evidence that the parties are free to re-marry.
On what basis does the court hold that a marriage is void?
If the court decides the marriage is void, it will be considered to have never existed in law. However, this does not prevent the parties applying to the court for a financial remedy order.
What is a voidable marriage?
A voidable marriage is valid until a decree of nullity has been declared.
What are the grounds for applying to the court to have the marriage annulled?
Proceedings need to be issued within 3 years if the grounds for the annulment are lack of consent, sexually transmitted disease, and pregnancy by another man.
After making a decree of nullity, the court has power to make a financial order.
Nullity proceedings are relatively uncommon. Many parties choose to issue divorce proceedings when the marriage has not been consummated rather than issue nullity proceed.
If you are considering applying for your marriage to be annulled, please call us for specialist advice on annulment.