Form D8N UK: Apply to Annul a Marriage (2026)
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Part ofDivorce & Civil Partnership Dissolution Forms UK
Annulment is a separate legal route from divorce, and the two are often confused. Where divorce ends a valid marriage, annulment asks the court to declare that a marriage was either never legally valid in the first place, or that it became invalid because of a specific defect.
In England and Wales, the formal application is made using Form D8N (nullity petition). This page walks through when annulment might be appropriate, the legal grounds the courts recognise, and the practical steps involved in bringing an application. It is written for people who are weighing up their options and want a clearer picture before committing to any particular route.
If the specifics of your situation are complex, speaking to someone with a legal background can help you avoid starting down the wrong path.
What this document is
Form D8N is the court application used in England and Wales to ask for a decree of nullity, the legal ruling that ends a marriage on the basis that it was void or voidable. It sits alongside, but is distinct from, the divorce petition used to dissolve a marriage that everyone accepts was valid.
The same framework applies to civil partnerships, with the equivalent nullity application tailored to that relationship. The distinction between a void and a voidable marriage matters a great deal. A void marriage is treated as though it never legally existed, for example where one party was already married to someone else, or where the parties are too closely related.
A voidable marriage, by contrast, is treated as valid until a court orders otherwise, and the grounds are narrower and more personal, such as non-consummation or lack of proper consent at the time of the ceremony. Form D8N is the mechanism for putting either type of case before the court.
How to use this document
- Check whether annulment actually fits your situation. Annulment is narrower than divorce, and the recognised grounds are limited. Before filing anything, work out whether the facts of your marriage fall into the void or voidable categories set out in the Matrimonial Causes Act 1973. If they do not, divorce may be the correct route instead, and getting this wrong at the outset wastes time and court fees.
- Gather the documents and information you will need. You will need your original marriage certificate (or a certified copy), your spouse's current address for service, and a clear account of the facts you are relying on. If you are applying on the basis of something time-sensitive, such as an interim gender recognition certificate, make sure you can evidence dates precisely. Missing paperwork is a common reason applications are returned.
- Complete Form D8N carefully. The form asks you to set out the grounds for nullity, the particulars behind those grounds, and what financial or other orders you are seeking. Be accurate and specific. Vague particulars can lead the court to reject the application or ask for amendments, and any inconsistency between the form and your supporting statement can cause problems later on.
- File the application and pay the court fee. Applications are submitted to the Family Court, either on paper or through the online service where eligible. A court fee applies, and you should check gov.uk for the current amount. Fee remission may be available if you are on a low income or receive certain benefits. Keep a copy of everything you send.
- Deal with service, response and the conditional order stage. Once issued, the application is served on your spouse, who has a window in which to respond. If the application is undefended, you can apply for a conditional order (formerly decree nisi) and, after the required waiting period, the final order (formerly decree absolute) that ends the marriage. Financial matters are usually dealt with separately.
Common questions
Q What is the difference between annulment and divorce?
Divorce ends a marriage that both parties and the law accept was valid. Annulment asks the court to declare that the marriage was either never legally valid (void) or can be set aside because of a defect that existed at the time or shortly after (voidable). The grounds are different, the time limits are different, and the legal consequences, particularly around finances, can differ too.
Q Is there a time limit for applying for annulment?
For voidable marriages, most grounds must be relied on within three years of the marriage, though there are exceptions and the court can sometimes extend this. Void marriages have no equivalent time limit because, legally, the marriage never existed. Because the rules are fact-sensitive, it is worth checking the position carefully before assuming you are inside or outside any limit.
Q Do I still need to sort out finances if my marriage is annulled?
Yes. A decree of nullity allows the court to make the same range of financial orders that are available on divorce, including orders about property, maintenance and pensions. This is one reason people sometimes apply for annulment of a void marriage even though, strictly, no court order is needed to end it. Financial claims are generally pursued as a separate application alongside the nullity proceedings.
Q Can I apply for annulment myself without a solicitor?
Yes, it is possible to apply as a litigant in person. That said, nullity cases tend to turn on specific legal tests and evidence, and mistakes at the application stage can be costly to put right. Many people find it helpful to at least talk through their situation with someone who understands the process before deciding whether to proceed on their own.
Q Does annulment affect the status of any children of the marriage?
No. Children born to parents whose marriage is later annulled are not treated any differently in law because of the annulment. Parental responsibility, child arrangements and child maintenance are dealt with under the same rules that apply to any other family going through separation, and the court's focus remains on the welfare of the child.
Q Can civil partnerships be annulled in the same way?
Yes, there is an equivalent nullity process for civil partnerships, with grounds that mirror those for marriage in most respects, adjusted for the nature of the relationship. The form used is different, but the overall court process, fees structure, and conditional-then-final order pattern work in a similar way.
Q What happens if my spouse disputes the annulment?
If the other party files an answer contesting the grounds, the case becomes defended and will usually be listed for a hearing where the court examines the evidence. Defended nullity cases are relatively rare but can be complex, and legal input is particularly valuable at that stage. Most applications proceed undefended once the legal position is explained.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm D8N: Apply for nullity of marriage (gov.uk)gov.uk
- Guidance · UK GovHow to end a marriage, civil partnership or engagementgov.uk
- LegislationMatrimonial Causes Act 1973legislation.gov.uk
- Guidance · HMCTSCourt and tribunal fees (gov.uk)gov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.