Divorce: Annulment, Nullity of Marriage
A decree of nullity will declare that a marriage, that has taken place, is either void from the outset, in which case it is treated as never having existed, or voidable in which case it will be treated as being valid and continuing until the decree of nullity is obtained.
A Void Marriage
A marriage will be deemed to be void in the following circumstances:
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The parties are deemed too closely related to each other to be married.
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Each party was under 18 years of age at the time of their ceremony.
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Either party was already lawfully married.
If a marriage is void, it never existed.
A decree is still obtained, however, to ensure that financial remedy applications can be made.
A Voidable Marriage
A marriage will be deemed to be void in the following circumstances:
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Nonconsummation, either due to incapacity of one party or willful refusal.
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Lack of consent, for example, due to duress.
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One party is suffering from a mental disorder such as to make them unfit for marriage.
A voidable marriage exists until such time as a decree of nullity is obtained.
Generally, the petitioner may apply for a decree of nullity within 3 years of the date of the marriage – though this limit does not apply for non-consummation cases.
Consequences of an annulment - Financial Remedies
The parties to a decree of nullity are entitled to apply to the Court for financial relief.
Children
Children who are born to parents who subsequently obtain a decree of nullity are automatically legitimate if the parent’s marriage is voidable. If the marriage is void the children will be legitimate if, at the time of conception, both or either of the parents believed the marriage was valid and the father was domiciled in England and Wales at the time of the birth, or if you died before the birth.
Wills
A voidable marriage will revoke a previous Will. A void marriage, as it never existed, does not affect a Will.
Divorce nullity
We would need to speak to you and get to know your matter to be able to advise whether you would be better proceeding down the “divorce” or the “nullity” route.
We'd be pleased to discuss your situation in confidence and different options with you. Please Contact Us
