What is the difference between annulment and divorce?

Written by Amanda Jones | 02-Nov-2018 16:59:55

There are two ways to bring an end to a marriage – annulment or divorce. While a divorce legally ends a marriage, an annulment declares the marriage null and void, as if it never existed. The end result is the same for both options – the parties are each free to marry again.

It never is a question of either/or – do I ask for my marriage to be annulled or do I ask for a divorce? The question is: should you go for an annulment instead of a divorce?

Can I get an annulment?

An application to the court may be made for an annulment in circumstances where a marriage is either void or voidable.

What is a void marriage?

A void marriage is void from the outset and may be treated by both parties as never having taken place at all without any need for a decree of nullity. But most parties will want to obtain a decree so that advantage may be taken of the court’s powers to resolve financial issues pursuant to the decree.

So, a void marriage is one where:

the parties are within the prohibited (by blood or marriage) degrees of relationship, e.g. father/daughter
either party is under the age of 16
the parties were married in a place not registered to perform the ceremony
either one of the parties was already lawfully married (bigamy) or civilly partnered

What is a voidable marriage?

A marriage may only be voidable on the following grounds:

the marriage has not been consummated because of the incapacity of either party to consummate it
non consummation due to the wilful refusal of the respondent to do so
either party did not voluntarily or validly consent because of duress, lack of mental capacity, drugs or alcohol
at the time of the marriage the respondent was suffering from a venereal disease in a communicable form
at the time of the marriage the respondent was pregnant with another man’s child
an interim gender recognition certificate was issued to either party after the marriage

Can I get a divorce?

There is only one ground for obtaining a decree of divorce and that is that your marriage has irretrievably broken down.

On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 was implemented, heralding no-fault divorce. Read more in our blog post: No-fault divorce – the end of the blame game

When can I apply for an annulment or divorce?

Applications for nullity may be brought at any time after the marriage. There is no need to wait for a year. However, the parties must have lived in England or Wales for at least one year and have to have had a permanent residence in England or Wales for six months.

Applications for divorce may only be made once the parties have been married for one year or more.