VocabuLaw

Annulment

What is it and what does it mean?

Description of the legal term Annulment:

Annulment, in the context of English law, is a legal process that declares a marriage to be void. Unlike divorce, which ends a legally valid marriage, annulment asserts that the marriage was never valid in the first place. The term has both civil and religious connotations, but for the purposes of this explanation we’ll focus on the civil aspect.

In the UK, the grounds for annulment are specific and must be proven in order for an annulment to be granted. These grounds include lack of consent, where one party was forced into the marriage or was under the influence of drugs or alcohol; non-consummation, where the couple hasn’t had sexual intercourse since the wedding (although this doesn’t apply to same-sex couples); mental incapacity, where one party was unable to understand the nature of the marriage; and fraud or misrepresentation, where one party was deceived about significant aspects of the other party or the nature of the marriage itself.

Unlike divorce, which can be sought after a certain period of marriage, annulment can be sought at any time after the wedding, although some grounds, such as non-consummation, have a time limit. Annulments are relatively rare because the criteria for annulment are strict and must be clearly proven.

Legal context in which the term Annulment may be used:

Example 1: Lack of consent
Consider a situation where Alice and Bob, two UK residents, had a lavish wedding ceremony. However, Alice was forced into the marriage by her family. She was threatened with disinheritance if she did not marry Bob, who was unaware of this coercion. After the wedding, Alice sought legal advice and decided to seek an annulment. Her case is based on the lack of genuine consent to the marriage. Her lawyers would need to provide evidence of the coercion she faced, such as messages, emails or witness statements. If the court is satisfied that Alice did not marry Bob of her own free will, it can grant an annulment, making the marriage void from the outset.

Example 2: Mental incapacity
Consider John, who marries Emma in a civil ceremony. Unknown to Emma, John suffers from a serious mental disorder which affects his understanding of the implications of the marriage. Over time, Emma notices John’s erratic behaviour and eventually learns of his mental health problems. Emma could seek an annulment on the grounds that John was mentally incapable at the time of the marriage. To succeed, Emma would need to provide medical evidence of John’s inability to understand the nature of their marriage at the time it was contracted. If the court is satisfied that John lacked the mental capacity to consent to the marriage, it would annul the marriage, recognising it as invalid from the outset.

In both examples, the key point is to show that the marriage lacked one of the fundamental elements required for a valid union. Annulment is therefore a means of correcting situations where, in the eyes of the law, a marriage should never have taken place.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.