Here we will explore all things annulment and answer the question, ‘what is an annulment?’.
You can apply for an annulment at any time after the wedding, unlike in a divorce where you have to wait at least a year. To get an annulment you need to show that the marriage was not valid in the first place, or that it is void for one of the following reasons:
Applying for an annulment is effectively the same as for a divorce; you will need to fill in the appropriate “Nullity Petition” forms and send these off to the court with the applicable fee (see divorce costs). Once the other party has responded to the nullity petition then you can apply for the decree nisi and 6 weeks later the decree absolute.
It is possible to do all this yourself, however as there are complexities to the whole process we would recommend seeking independent legal advice to help guide you through the whole journey, especially if children or complex financial issues may exist.
This depends on the circumstances. If you did not consent to the marriage or were unable to, for example because you were drunk, then you may be able to apply for an annulment. If however you were fully aware of what you were doing, just because this was a Vegas wedding does not mean it is not valid. Provided the officials present were qualified and all paperwork was complete, the marriage would be recognised in the UK. You may need to apply for a divorce. Get in touch to discuss jurisdiction issues with us.
Usually in this instance you are able to apply to have the marriage annulled because the marriage was never legally valid. You will need to show evidence of the pre-existing marriage to the court and apply using the Nullity Petition.
The only way you could have the marriage annulled is if you know your wife was pregnant during the wedding and that the baby is not yours. If your wife fell pregnant after the wedding then the marriage was valid. In this case you may need to file for divorce. If however you can show that the pregnancy happened before the wedding day and there is supporting evidence to show the child is not yours, then you may be able to apply for annulment.
If you have never had sexual intercourse (man and woman) then the marriage is void and you can apply for an annulment. If the annulment is contested, the burden of proof may be on you to prove that you have never had intercourse with your spouse. However you should be able to apply for an annulment. Even after over a year you can still apply for annulment but there may be some cases where a divorce would apply. Get in touch with us to discuss this further.
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