Annulment vs Divorce in England and Wales: A Quick Guide

Nullity is the correct legal term in England and Wales, but people use the word Annulment (an American term) to mean the same thing.

When a marriage comes to an end, divorce is often assumed to be the only option. However, in limited circumstances, it may be possible to apply for an annulment instead. While the two processes can appear similar, they are legally very different.

This quick guide explains the key differences between annulment and divorce in England and Wales, when each may apply, and what you should consider before proceeding.

What is the difference between an annulment and a divorce?

The key distinction is that a divorce ends a legally valid marriage, whereas an annulment declares that the marriage was never legally valid in the first place.

Most marriages in England and Wales are legally valid, which is why divorce is far more common than annulment. An annulment does not “end” a marriage in the same way — instead, it confirms that the marriage was either invalid from the outset or should be treated as invalid under the law.

Another important difference is timing. You must be married for at least one year before you can apply for a divorce. An annulment, however, can be sought at any point after the wedding, provided the legal criteria are met.

Can I get an annulment?

To apply for an annulment, you must submit a nullity petition to the court. Annulments are only available in specific circumstances, and the legal grounds are limited and can be complex to establish.

A marriage may be annulled if it is either void or voidable under the Matrimonial Causes Act 1973.

Void marriages

A void marriage is one that was never legally valid. In legal terms, it is treated as though it never existed.

Section 11 of the Matrimonial Causes Act 1973 sets out the circumstances in which a marriage will be void, including where:

• The legal requirements of the Marriage Acts were not met
• One or both parties were under the legal age to marry
• The parties were too closely related
• One party was already married or in a civil partnership
• The marriage was polygamous and one party was domiciled in England and Wales at the time

If a marriage is void, either party can apply for a declaration of nullity.

Voidable marriages

A voidable marriage is one that is legally valid unless and until it is annulled by the court. If an annulment is granted, the marriage is treated as invalid from the date of the decree.

Section 12 of the Matrimonial Causes Act 1973 sets out the grounds on which a marriage may be voidable, including:

• Non-consummation, due to incapacity or wilful refusal
• Lack of valid consent, such as duress, mistake, or unsoundness of mind
• One party being unfit for marriage due to mental illness, even if they had capacity to consent
• One party having a communicable sexually transmitted disease at the time of the marriage
• One party being pregnant by someone other than their spouse
• Certain issues relating to gender recognition

Are there limits on applying for an annulment?

Yes. In cases involving a voidable marriage, there are circumstances where an application may be barred.

For example, if you were aware that the marriage could be annulled but behaved in a way that led your spouse to reasonably believe you would not pursue annulment, the court may refuse the application.

This makes it particularly important to seek legal advice early if you believe an annulment may apply.

Can I get a divorce instead?

If you have been married for more than one year, you can apply for a divorce in England and Wales.

Since April 2022, following the introduction of the Divorce, Dissolution and Separation Act 2020, the divorce process is now no-fault. This means you only need to confirm that the marriage has broken down irretrievably — no blame or evidence is required.

For many couples, divorce will be the more straightforward and appropriate option. However, every situation is different, and the right approach will depend on your circumstances.

Unsure whether annulment or divorce is right for you?

Choosing between annulment and divorce is not always straightforward, particularly where finances, children, or complex personal circumstances are involved. Taking the wrong route at the outset can lead to unnecessary delay, stress, or additional costs.

If you are unsure which option is best for your situation, speaking to a family law solicitor early can give you clarity and peace of mind. At NjP Solicitors, our experienced family law team advises clients across England and Wales on annulments, divorces, and the financial implications that follow.

We will take the time to understand your circumstances and guide you toward the most appropriate legal path — with clear advice, practical solutions, and your long-term interests in mind.

Contact NjP Solicitors to arrange an initial consultation.