Call now - 020 8866 6464

The Sethi Partnership Solicitors

The Barn House, 38 Meadow Way,
Eastcote, Ruislip, Middlesex
England, HA4 8TB
Existing clients tel: 0208 866 6464

info@sethi.co.uk

Call now - 020 8866 6464

The Sethi Partnership Solicitors

The Barn House, 38 Meadow Way,
Eastcote, Ruislip, Middlesex
England, HA4 8TB
Existing clients tel: 0208 866 6464

info@sethi.co.uk

Nullity - Annulment

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In some cases, it may be possible to apply for an annulment of a marriage by presenting a nullity petition rather than a divorce petition. Annulment is a declaration by the Court that a marriage was not legally valid or had become invalid.

Unlike a divorce petition, a nullity petition can be presented within the first year of marriage. An application will need to be made within a reasonable period of time (usually within three years)

A marriage may be annulled if the marriage is void or voidable.

  • A void marriage is one that is regarded by the court as never having taken place; it is completely invalid from the outset.
  • A voidable marriage is regarded as a valid marriage subsisting until a decree annulling it has been pronounced.

To establish that a marriage is void, one of the following grounds must be proved:-

  • The parties are within prohibited degrees of relationship.
  • One of the parties to the marriage was under the age of 16 at the time of marriage.
  • The parties have intermarried in disregard of certain requirements as to the formation of marriage.
  • At the time of the marriage, one of the parties was already lawfully married or a civil partner.
  • In the case of a polygamous marriage entered into outside England and Wales, one party was at the time of the marriage domiciled in England and Wales.

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The grounds upon which a marriage can be voidable are:-

  • The marriage was not consummated owing the incapacity of one of the parties to consummate it (this does not apply to marriages of same sex couples).
  • The marriage was not consummated owing to the wilful refusal of the other party to consummate it (again, this will not apply to the marriages of same sex couples).
  • Either party to the marriage did not validly consent to it, whether as a result of duress, mistake, unsoundness of mind or otherwise.
  • At the time of the marriage, either party, though capable of giving a valid consent, was suffering from a mental disorder (within the meaning of the Mental Health Act 1983) of such a kind or to such an extent as to be unfitted for marriage.
  • At the time of the marriage the other party was suffering from venereal disease in a communicable form.
  • At the time of the marriage the other party was pregnant by some person other than the party applying (husband).
  • An interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage.
  • The other party is a person whose gender at the time of the marriage has become the acquired gender under the Gender Recognition Act 2004.

(Some of the grounds in applying for an annulment of a civil partnership differ).

Contact our nullity/annulment solicitors in Ruislip, Middlesex

The grounds for obtaining an annulment are not always straight forward. You should discuss the particular circumstances of your case with a Family Lawyer who specialises in this area of law, by calling 020 8866 6464 or complete our online enquiry form.

 

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