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Annulment vs Divorce in the UK: Which Route Fits Your Situation? | LegalDocuments.co.uk

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Part ofFamily & Divorce

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When a marriage ends, most people reach straight for the word 'divorce'. But there is a second, much less talked about route in England and Wales: annulment. The two are often confused, and they sound like they achieve the same thing, but legally they are quite different creatures. A divorce ends a marriage that was valid. An annulment says the marriage was either never valid to begin with, or was valid but legally flawed in a way that allows it to be set aside. Which one fits depends on the facts of the relationship itself, not simply on how unhappy things have become. In this guide I'll walk through how each option works, the grounds that apply, and the practical points worth thinking about before you commit to either path.

Overview

Annulment and divorce are the two legal mechanisms in England and Wales for formally ending a marriage, but they rest on fundamentally different premises. 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, divorce is now a 'no-fault' process, neither spouse has to blame the other or prove misconduct. A simple statement that the marriage has broken down irretrievably is enough. Annulment is different.

It is a court declaration that a marriage was either void from the start (treated as if it never legally existed) or voidable (valid until the court sets it aside). Annulments are relatively rare, and they are only available where specific legal grounds apply.

One practical point worth noting: unlike divorce, an annulment can in principle be sought at any time, including within the first year of marriage, when a divorce application is not available.

Key steps

  1. Work out whether annulment is genuinely an option. Annulment is only available on narrow legal grounds. If your situation doesn't fit one of them, bigamy, lack of consent, non-consummation of certain marriages, a close family relationship, and similar categories, then divorce will almost certainly be your route. It's worth being realistic about this early rather than pursuing a nullity claim that has little chance of succeeding.
  2. Gather the factual background you'll need. Whether you go down the annulment or divorce path, the court will want accurate details: marriage certificate, dates, addresses, and any children of the family. For annulment specifically, you may also need evidence relating to the ground you're relying on, such as evidence of a prior subsisting marriage in a bigamy case, or medical information where capacity is in issue.
  3. Apply to the court. Divorce applications in England and Wales are made through the online portal and the process is designed to be accessible without a solicitor. Annulment applications (called nullity proceedings) are filed on a different form and are less streamlined. Court fees apply to both, check gov.uk for the current amount, as these change periodically.
  4. Deal with finances and children separately. This is the step people most often overlook. The divorce or annulment itself ends the marriage, but it does not automatically sort out the money, the house, the pensions, or arrangements for any children. These need their own process, typically a financial order and, where needed, a child arrangements order. Getting this wrong can leave financial claims open for years.
  5. Wait for the final order. Divorce has built-in waiting periods between the conditional order and the final order, so the process is never instantaneous. Nullity proceedings follow a similar two-stage structure. Only once the final order is made is the marriage legally ended (or, in annulment, formally declared void or set aside).

Common questions

If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q Is annulment quicker than divorce?
Not necessarily. People sometimes assume annulment is a shortcut, but it isn't. Annulment proceedings go through the same court system and include their own waiting periods. They can actually be slower where the grounds are contested or require evidence to prove. The one real advantage is timing: you can apply for an annulment within the first year of marriage, whereas a divorce application cannot be made until the couple have been married for at least a year.
Q What is the difference between a void and a voidable marriage?
A void marriage is one the law treats as having never been legally valid, for example, where one party was already married, or the parties are too closely related. A voidable marriage is legally valid unless and until a court annuls it, and includes grounds such as lack of valid consent or non-consummation in opposite-sex marriages. The practical difference matters because the grounds, evidence required, and time limits are not the same.
Q Do I lose financial claims if I have my marriage annulled instead of divorced?
This is a common misconception. A voidable marriage that is annulled is treated as having existed up to the point of annulment, and the court has broadly the same financial powers as in a divorce, maintenance, property adjustment, pension sharing, and so on can all be ordered. The position on void marriages is more nuanced. If finances are a significant concern, it's worth thinking carefully about which route serves you best.
Q Can I get an annulment because we married in haste and now regret it?
Regret, incompatibility, or simply changing your mind are not grounds for annulment. Annulment is not a 'cooling-off' mechanism. You would need to show one of the specific statutory grounds, for example, that consent was not validly given because of duress, mistake as to the nature of the ceremony, or mental incapacity at the time. Ordinary buyer's remorse, however genuine, will not meet the legal threshold.
Q Do I need a solicitor to apply for either?
Divorce applications are designed to be manageable without legal representation, and many people complete them themselves through the online service. Annulment is more technical and the grounds can be legally complex, so people often benefit from professional input, particularly where there's any dispute or evidential difficulty. Either way, financial matters and arrangements for children are usually worth taking proper guidance on, because the consequences run for years.
Q Does annulment carry religious weight as well?
A civil annulment granted by the courts in England and Wales is a legal matter only, it does not automatically have religious effect. Some religious traditions (Catholic, Jewish, Islamic and others) operate their own internal processes for recognising or dissolving a marriage, which are entirely separate. If religious recognition matters to you, you may need to pursue both the civil process and the relevant religious process.
Q What happens to our children if the marriage is annulled?
Children of an annulled marriage are treated in law as legitimate and their relationship with both parents is unaffected by the annulment itself. Parental responsibility, contact, and living arrangements are dealt with under the same framework that applies to any separating parents. The court's paramount concern is the welfare of the child, and that does not change based on whether the adults divorce or annul.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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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.