Divorce vs annulment: what are the key differences?

When a marriage comes to an end, many people assume divorce is the only route. But in some cases, an annulment may be more appropriate. If you’re wondering what the difference between divorce and annulment is, you’re not alone. While both legally end a marriage, they do this in fundamentally different ways.

In this guide, we’ll explain the key differences between divorce and annulment, the legal grounds for each, and when one might be more suitable than the other.

What is a divorce?

A divorce is the legal process of ending a marriage. It acknowledges that the marriage existed but has broken down irretrievably. In England and Wales, the introduction of no-fault divorce in 2022 means that couples no longer have to assign blame to legally separate.

Key points about divorce:

• It applies to legally recognised marriages
• It legally ends the marriage and allows both people to remarry
• You must have been married for at least a year before you’re able to start divorce proceedings
• Arrangements for children can be made informally between parents, through a parenting plan or get expert support through amicable’s Separating with Children Service
• Financial arrangements can be agreed and formalised in a separate legal process through a consent order.

What is an annulment?

An annulment is a legal declaration that the marriage was never valid to begin with, or is voidable due to specific circumstances. If granted, it’s as though the marriage never legally existed.

Unlike divorce, there is no requirement to wait a year after the wedding to apply for an annulment.

Key points about annulment:

• It treats the marriage as if it never legally took place.
• There is no minimum time you need to be married before applying.
• Grounds for annulment are more specific and limited.

Grounds for divorce vs annulment

Grounds for divorce:

Under current English and Welsh law, a divorce can be granted without needing to prove fault. The fact that one person thinks the marriage has ‘irretrievably broken down’ is enough.

Before to 2022, the following were common grounds:

• Adultery
• Unreasonable behaviour
• Desertion
• Two years’ separation with consent
• Five years’ separation without consent

Now, the process is simpler and focuses on reducing conflict.

Grounds for annulment:

Annulments are granted only in certain situations, such as:

Void marriages (legally invalid):

One or both people were already married.

• The couple are closely related.
• The ceremony did not meet legal requirements.

Voidable marriages (valid until annulled):

• Lack of consent (e.g. due to duress, intoxication).
• Non-consummation (except in same-sex marriages).
• One party had a sexually transmitted disease or was pregnant by someone else at the time of marriage.

Time limits for divorce and annulment

In England and Wales, you must wait at least one year from the date of your wedding before you can apply for a divorce. This waiting period is a legal requirement, regardless of the circumstances of the separation. In contrast, an annulment can be applied for at any time after the marriage takes place.

However, it's generally expected that an annulment is sought within a reasonable timeframe, typically within three years, especially in cases involving voidable marriages.

Which is Right for You?

Whether you should choose divorce or annulment depends on your circumstances:

• Choose divorce if your marriage was valid, and you want to end it legally and move on.
• Consider annulment if there were legal issues with the marriage itself, or it was entered under unusual or unfair circumstances.

Some individuals also choose annulment for personal, cultural, or religious reasons, particularly when they wish to avoid the label of ‘divorced’.

Legal and financial considerations

Both divorce and annulment can involve complex issues such as:

• Dividing assets and finances
• Arrangements for children
• Spousal maintenance or support

Even with an annulment, the courts can make financial orders if necessary.

Working with a legal expert or service like amicable can help you handle divorce and separationmatters smoothly and constructively.

Can you annul a civil partnership?

No. Civil partnerships can only be ended through a dissolution, not an annulment or divorce. However, the process shares similarities with divorce.

Understanding the distinction between divorce and annulment is key to choosing the right path for ending a marriage. While both serve the same result, legal separation, they differ in their requirements, implications, and legal outcomes.

If you’re unsure which option applies to your situation, amicable can help guide you through a calm and cost-effective resolution.

Need Help from our specialists with your separation?

At amicable, we specialise in helping couples separate amicably, without costly court battles or stress. Explore our services or book a free 15-minute consultation today. Our team will be happy to help, just contact us today to get started.