Annulment vs Divorce in the UK: Grounds, Time Limits and Costs Explained

At a glance

• Divorce ends a marriage the law treats as having been validly formed. Annulment (nullity) says the marriage was either never legally valid ("void") or was valid but flawed in a way that lets a court set it aside ("voidable").
• Since the Divorce, Dissolution and Separation Act 2020 came fully into force on 6 April 2022, divorce in England and Wales is a no-fault process — a statement that the marriage has broken down irretrievably is enough.
• You can only apply for a divorce once you have been married for over a year (GOV.UK). You can apply for an annulment at any point, including within the first year of marriage.
• The statutory framework for annulment is the Matrimonial Causes Act 1973: section 11 (void marriages), section 12 (voidable marriages) and section 13 (bars to relief, including a strict 3-year deadline for several voidable grounds).
• Both a divorce application and a nullity application currently cost £612 to file (check the current figure at GOV.UK before applying, as court fees are reviewed periodically). Fee reductions may be available through Get help with court fees.
• Both processes end with a two-stage court order — a conditional order, then, no sooner than 6 weeks later, a final order — and neither automatically resolves finances, property or arrangements for children.
• This guide covers England and Wales only. Scotland and Northern Ireland run separate court systems and different rules.

Divorce and annulment: two different legal routes

Annulment and divorce are the two legal mechanisms in England and Wales for formally ending a marriage, but they start from different premises entirely.

Divorce is the process used when a valid marriage has broken down and the couple want it brought to a legal close. Since the reforms introduced by the Divorce, Dissolution and Separation Act 2020 — which came fully into force on 6 April 2022 — divorce is a no-fault process: neither spouse has to blame the other or prove misconduct. A statement that the marriage has broken down irretrievably is enough, and it can no longer be contested on the facts.

Annulment works differently. It is a court declaration that a marriage was either void from the outset — treated in law as if it never legally existed — or voidable, meaning it was validly formed but is legally flawed in a way a court can set aside. Annulments are relatively rare and are only available on the narrow statutory grounds in the Matrimonial Causes Act 1973.

One practical point worth flagging early: unlike divorce, GOV.UK confirms you can apply for an annulment "in the first year of your marriage or any time after". A divorce application cannot be made until you have been married for over a year.

When can you get a divorce?

Under GOV.UK's current guidance, you can get divorced in England or Wales if all of the following are true:

1. You have been married for over a year.
2. Your relationship has permanently broken down.
3. Your marriage is legally recognised in the UK (including same-sex marriage).

You don't need to give a reason beyond the statement that the marriage has broken down irretrievably, and since the 2020 Act reforms your spouse cannot contest that statement in court. If you don't want a divorce but want to live apart formally, GOV.UK notes you can apply for a legal separation instead, or, if the grounds fit, an annulment — both of which are available during the first year of marriage, unlike divorce itself.

When can you get an annulment? Void and voidable marriages

Annulment sits on a completely different legal footing to divorce. You must show the marriage falls into one of two categories under the Matrimonial Causes Act 1973.

Void marriages — section 11

A void marriage was never legally valid to begin with. GOV.UK sets out the main situations in which this applies:

• you are closely related to the person you married (within the prohibited degrees of relationship)
• one or both of you were under 18 at the time (or under 16, if the marriage took place before 27 February 2023)
• one of you was already married or in a civil partnership when the ceremony took place

Because the law treats a void marriage as never having existed, you don't strictly need a court order to establish that — but GOV.UK notes you may still need the formal paperwork (a "decree of nullity" or "nullity of marriage order") to prove the position, for example if you want to marry again.

Voidable marriages — section 12

A voidable marriage is legally valid unless and until a court annuls it. GOV.UK lists the main grounds as:

• the marriage was not consummated — either through incapacity of one party, or wilful refusal (this ground does not apply to same-sex couples)
• you did not properly consent to the marriage — for example, because you were forced into it, or there was a fundamental mistake or unsoundness of mind
• your spouse had a sexually transmitted infection at the time of the marriage
• your spouse was pregnant by someone else at the time of the marriage
• one spouse has since begun the process of transitioning to a different gender

Because a voidable marriage is treated as valid until the court sets it aside, the practical and financial consequences differ from a void marriage — and, as explained below, several of these grounds carry a hard time limit.

Bars to annulment: section 13

Even where a voidable ground applies, section 13 of the Matrimonial Causes Act 1973 can still stop the court granting the order:

• The 3-year time bar. For the grounds of lack of consent, mental disorder at the time of the marriage, an STD at the time of the marriage, or pregnancy by someone else, the court cannot make a nullity order unless proceedings were started within 3 years of the date of the marriage. A judge has limited discretion to extend this where the applicant suffered from a mental disorder during that period and it would be just to allow the case to proceed late. This time bar does not apply to the non-consummation grounds.
• The approbation bar. Separately, the court will not grant an annulment on a voidable ground if the respondent shows that the applicant knew they could seek an annulment, but behaved in a way that reasonably led the respondent to believe they would not do so — and that it would now be unjust to grant the order.

Void-marriage grounds under section 11 are not subject to either bar, which is one reason the void/voidable distinction matters so much in practice.

Comparison: divorce vs annulment at a glance

| | Divorce | Annulment (nullity) | |---|---|---| | Legal basis | Divorce, Dissolution and Separation Act 2020; Matrimonial Causes Act 1973 | Matrimonial Causes Act 1973, ss.11–13 | | Marriage treated as | Valid, now irretrievably broken down | Never valid (void) or valid but legally flawed (voidable) | | When you can apply | Only after 1 year of marriage | Any time, including within the first year | | Grounds required | None — a statement of irretrievable breakdown is sufficient | Specific statutory grounds only (ss.11–12); some carry a 3-year deadline | | Court fee | £612 (check GOV.UK) | £612 (check GOV.UK) | | Process stages | Conditional order → final order (min. 6 weeks apart) | Conditional order → final order (min. 6 weeks apart) | | Financial remedies available | Yes | Yes, broadly the same powers | | Children's arrangements | Dealt with separately under the Children Act 1989 framework | Dealt with separately under the same framework |

Court fees: what it costs to apply

As at the date of this guide, GOV.UK confirms both a divorce application and a nullity application cost £612 to file with the court. This is a court fee, separate from any legal advice or representation costs. Court fees are reviewed periodically, so always check the current figure on GOV.UK — for divorce at gov.uk/divorce and for annulment at gov.uk/how-to-annul-marriage/apply-for-an-annulment — before you apply, rather than relying on a figure quoted elsewhere, including this page.

If you're on benefits or a low income, you may be able to get a reduced fee or full fee remission through Get help with court fees.

Worked examples

Example 1: a void marriage discovered within months

Priya, a fictional example, marries in a registry office. Four months later she discovers her husband was already married to someone else overseas at the time of their wedding — a subsisting civil marriage that was never dissolved. Because one party was already married when the ceremony took place, the marriage is void under section 11 of the Matrimonial Causes Act 1973. Priya is not bound by the 1-year divorce rule and is not subject to the 3-year time bar in section 13 — she can apply for a nullity order straight away, and will typically want to obtain the formal court order to put the position beyond doubt, particularly if she wants to marry again in future.

Example 2: a voidable ground running out of time

Tom and Sam, a fictional couple, marry, and Tom later comes to believe he only agreed to the wedding because of pressure from his family — a potential "lack of consent" ground under section 12. Section 13 requires proceedings on this ground to start within 3 years of the date of the marriage. If Tom does not begin proceedings until year four, the court cannot grant a nullity order on that ground, regardless of how strong the underlying facts are — the statutory deadline has simply passed. His only route by that point would be divorce (once he has been married for over a year, which by year four he will have been) or, if any other voidable or void ground genuinely applies, an annulment on that separate basis.

Finances, property and children

The order that ends the marriage — divorce or annulment — does not, by itself, sort out money, property, pensions or arrangements for children. These require their own separate process regardless of which route you take.

On finances, the court has broadly the same powers whether it is granting a divorce or a nullity order — maintenance, property adjustment and pension sharing can all be ordered in either case. Where a marital or family home, a shared business, or other jointly held property is involved, see our guide on buy-out agreements in divorce for how one party can buy out the other's interest. Where a marriage turns out to be void, the position can be closer in some respects to that of unmarried couples for certain purposes — our guide on cohabitation property agreements explains how property is generally treated outside marriage, which is a useful comparison point even though it is not a direct substitute for advice on a void marriage's financial position.

On children, the Children Act 1989 framework governs parental responsibility, living arrangements and contact for any separating parents, regardless of whether the marriage ends by divorce or annulment. See our guides on child arrangements after separation and custody and contact arrangements for how these are worked out in practice.

Many people also need to deal with practical identity questions once the marriage ends — see our guide on changing your name after divorce if that applies to you.

How to apply: step by step

1. Work out whether annulment is genuinely available. Annulment only applies on the narrow grounds in sections 11 and 12 of the Matrimonial Causes Act 1973, and several voidable grounds carry the 3-year bar under section 13. If your situation doesn't fit one of them, divorce (once you've been married a year) will be your route.
2. Gather the factual background. Both routes need accurate details — marriage certificate, dates, addresses, and any children of the family. For annulment specifically, you may also need evidence relating to the ground relied on, such as proof of a prior subsisting marriage in a bigamy case.
3. Apply to the court. Divorce applications are made through the online GOV.UK service. Nullity applications use a different form (the D8N) and are sent to the court by post — see GOV.UK's step-by-step guidance. Both currently carry a £612 court fee; check GOV.UK for the current amount and whether you qualify for help with fees.
4. Deal with finances and children separately. The court order that ends the marriage does not automatically sort out money, property, pensions or arrangements for children — these need their own process.
5. Wait for the final order. Both divorce and nullity proceedings run through a conditional order followed by a final order, at least 6 weeks apart. The marriage is only legally ended (or formally declared void or set aside) once the final order is made.

Common misconceptions

• "Annulment is a quicker divorce." It isn't. Both processes run through the same court system with the same two-stage order structure, and annulment can take longer where the ground is disputed.
• "We can get an annulment because we regret marrying so soon." Regret is not a ground. You need a specific statutory ground under section 11 or 12.
• "An annulled marriage means we lose all financial claims against each other." Not generally true — the court's financial powers apply broadly the same way whether the marriage ends by divorce or annulment.
• "A void marriage doesn't need a court order at all." Legally the marriage never existed, but GOV.UK notes you may still need the formal nullity order as proof — for example, before remarrying.
• "Any voidable ground can be raised at any time." Several voidable grounds — lack of consent, mental disorder, STD, pregnancy by someone else — are barred after 3 years from the date of the marriage under section 13.

What to do next

If you think your situation might fit one of the annulment grounds, it's worth checking the detail early — particularly the section 13 time limits — before assuming divorce is your only option. If nothing in sections 11 or 12 applies, or your marriage has simply broken down, divorce (once you've been married a year) is the established, well-trodden route. Whichever applies, treat the ending of the marriage itself as separate from sorting out finances and any arrangements for children — both usually need their own process and their own timeline.

This guide provides general information about annulment and divorce in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances — reading it does not create a solicitor–client relationship. The law described was accurate as at July 2026 and is subject to change, including court fees, which are reviewed periodically — always check GOV.UK and legislation.gov.uk for the most current position.