When married couples separate, the presumption is that the parties will proceed with a Divorce. In some cases it may be appropriate to apply to annul your marriage by filing a Petition for Nullity.
Annulling your marriage means that your marriage is void or becomes void.
In order for you to be able to apply to annul your marriage, your marriage must either be void or voidable. Void marriages are those which are deemed to have never existed because they were never valid. Voidable marriages are those which were entered into in valid circumstances but subsequently are shown to be invalid.
1. The parties are too closely related and are therefore not permitted to marry 2. Either party is under 16 3. Either party is already married or in a Civil Partnership
1. The marriage has not been consummated 2. Either party did not consent to the marriage 3. Either party was suffering from a mental disorder such that they were unfit to enter into marriage 4. One party had a sexually transmitted disease 5. Where the female was pregnant by someone other than the person whom she was marrying
Marriages that are void, never existed. This means that the parties cannot apply for financial remedy. Marriages that are voidable, only become void at the time that the final order nullifying the marriage is made. Financial remedy through the Courts is therefore available.