Understanding the Difference Between Divorce and Annulment
Taking the decision to end your relationship is never an easy one, but if you feel like
you need to bring your marriage to an end, it’s important to do your research to fully
understand the process and what is to come.
Depending on how long you have been married, there are two options to bring it to
an end, each with a different process. Here at Carole Nettleton Divorce Solicitor we
can help you to understand your next steps when it comes to divorce proceedings.
If you have been married for less than a year
If your marriage hasn’t yet reached a year, you may be able to apply for an
annulment. This declares the marriage null and void, as if it never happened. You
can annul your marriage if it wasn’t legally valid in the first place, or if the marriage is
This can include a number of different reasons. Your marriage isn’t legally valid if
you are closely related, one or both of you were under 16, or one of you was already
married or in a civil partnership.
You may also annul your marriage if it wasn’t consummated, you didn’t properly
consent or the other person had an STD at the time of the marriage. If your spouse
was pregnant by someone else at the time, or one spouse is transitioning into a
different gender you may also annual the marriage.
If you have been married for more than a year
After a year of marriage, you can file a divorce petition. The primary reason for
beginning divorce proceedings is if the relationship has irretrievably broken down,
which can be proven by adultery, unreasonable behaviour, desertion or separation.
If you have been deserted for more than two years, or you have been living
separately for more than five years, you can seek a divorce. However, if you have
been living separately for more than two years, you must both agree to the divorce
Deciding to divorce your partner can be an emotional and tense time, especially if
there are other issues such as children, money and property. It can be helpful to
seek expert advice through a family law solicitor such as myself, who can guide you
through the process.
How I can help
If you are a high net worth individual, have complex pension issues, multiple
businesses or other complex financial circumstances, seeking help from a family law
solicitor can be incredibly helpful.
Getting appropriate legal advice can help you to not only understand the process but also resolve any financial concerns you might have surrounding a divorce. Don’t hesitate to get in touch if you need any further assistance.