Annulment v divorce: what is the difference?

Both annulments and divorces end a marriage contract, but whereas a divorce terminates a legally valid marriage, an annulment declares the marriage invalid. The terms of annulment and divorce are outlined in the Matrimonial Causes Act of 1973. 

Marriages can only be annulled if you can prove the marriage is void or voidable. To divorce, you must have been married for at least a year and be able to prove an irretrievable breakdown of the marriage.

What is an annulment in a marriage? 

You can only annul a void or voidable marriage. If a marriage is void, legally it is seen to never have happened. This can only occur if: 

• You or your spouse were under 16 years old at the time of the marriage 

• You and your spouse are closely related 

• You or your spouse is already married or in a civic partnership with someone else 

A voidable marriage occurs when the marriage was legally valid but defective. If it is annulled, the marriage existed up until the point of nullity. This can occur if you or your spouse: 

• Never consummated the marriage (this does not apply to same sex couples) 

• Were coerced and unable to fully consent, such as due to inebriation or unsoundness of mind 

• Suffer from a mental condition that makes them unfit for marriage 

• Had a sexually transmitted disease at the time of marriage 

• Was pregnant with another person’s child at the time of marriage 

• Changed their gender following the marriage 

While annulments are more expensive than divorce proceedings, they can be applied for at any time during the marriage. Annulments also require court hearings, and you may not be able to claim financial relief from the other party, especially in cases of a void marriage.

What’s the difference between an annulment and a divorce? 

Divorce processes tend to be more straightforward than annulments, but you must be married for at least a year before applying for a divorce. Often, divorce proceedings can be completed without the need for a court hearing. 

The only ground for divorce is an irretrievable breakdown of the marriage. This means you must prove one or more of the following: 

• Your spouse committed adultery and are now intolerable to live with 

• Your spouse displays behaviours that you cannot be reasonably expected to live with 

• Your spouse has deserted the marriage for 2+ years 

• You have been separated for 2+ years and both agree to divorce 

• You have been separated for 5+ years if your spouse does not want to divorce 

To find out if you qualify for an annulment or a divorce, and which avenue is best for your situation, contact a family law solicitor. At DFA Law, we can offer you legal advice and assistance to help you achieve the best outcome when ending your marriage. For more information, get in touch with the team by calling 01604 609560.