Marital challenges are often overpowering, and navigating the legal decisions can feel complex. One such option is annulment, also called nullity of marriage. This process is significantly different from divorce, and it is important to understand how.
Contrary to divorce, which ends a legally valid marriage, annulment declares that the marriage was never legally valid to begin with. First Law Solicitors provides professional guidance on annulment cases across the UK, guaranteeing that you are fully aware of your rights.
There are two main grounds for annulment: void and voidable marriages. A void marriage is considered never to have legally existed, while a voidable marriage remains valid until a court issues a nullity order.
A void marriage is treated as if it never legitimately existed. This means the law does not acknowledge the marriage, although a decree of nullity may still be required as proof.
Common grounds for void marriages include the following:
A voidable marriage is valid in law until the court grants a nullity order. This category deals with specific conditions that undermine the validity of consent or circumstances at the time of marriage.
Common grounds for voidable marriages include the following:
Aspect | Annulment | Divorce |
Definition | Declares the marriage invalid of voidable | Ends a legally valid marriage |
Legal Recognition | Treated as if it never existed | Recognised but legally ended |
Timing | Can be applied for immediately | Can be applied after one year |
Grounds | Based on void or voidable reasons | Based on an irretrievable breakdown |
Joint Applications | Cannot be applied for jointly | Can be applied jointly |
Outcome | Marriage is legally nullified | Marriage is legally dissolved |
You can apply for an annulment during the first year of marriage or any time afterwards. However, if a significant postponement occurs, the court may require a compelling explanation.
To obtain annulment, you must show that the marriage was either void or voidable. In both cases, you may need legal certification especially if you intend to remarry. These documentations can include the nullity of marriage order to authorise the annulment.
Getting an annulment can be an intricate process, especially when assembling evidence to support your claim. Expert legal advice ensures that your case is presented clearly and within the time limits specified by the court.
First Law Solicitors specialises in annulment and divorce proceedings. With professional representation, you can confidently navigate the court and official processes and secure your legal rights.
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