There are two ways to end a marriage.
The most common is divorce.
But in some circumstances, it can end quicker with annulment.
Below, we look at the key differences.
When you can divorce
If both parties agree that the marriage existed lawfully, divorce is the only way to bring it to an end.
There are several criteria that need to be met before you can end a marriage in England and Wales:
- You must have been married for more than a year
- Your relationship must have permanently broken down
- Your marriage must be legally recognised in the UK
- The UK must be yours – or your spouses – permanent home.
Types of divorce
There are two main types of divorce: mutual and contested.
Mutual divorces are when spouses agree on divorce terms around division of assets, child custody, etc. Contested is when they don’t.
Each kind of divorce has implications on the time and money involved in the process.
D8 form
When you apply for a divorce, you’ll fill out a D8 form. It can be done online or by post.
It requires you and your spouse’s details, including those of your solicitors if you have them.
It will also asks for the grounds for your divorce. This can be one of five reasons:
- Adultery – one of you has cheated
- Unreasonable behaviour – this covers lots of issues including domestic abuse
- Desertion – your spouse has left you and you’ve lived apart for more than two years
- You’ve lived apart for two years and you both agree to the divorce
- You’ve lived apart for five years. You do not need the agreement of your spouse in this case.
The importance of cooperation
The process will happen faster if you and your spouse agree on the reason for divorce.
If your spouse disagrees they can dispute your reasons in court, this is known as a defended divorce and will lead to extra costs and delays.
It is expected that from autumn 2021 a no-fault divorce will be added to the above list.
This will allow couples who agree the marriage has broken down to divorce without apportioning blame or living apart.
It will also enable an individual to state a marriage has broken down without agreement from the other party who won’t be able to contest it.
When to get an annulment
Unlike divorce you can apply for an annulment at any time, including the first year of a marriage. However if you wait for a long time to apply for one you may have to explain why.
A marriage can be annulled in two ways. It is described as void if it wasn’t legal from the start for reasons including:
- Either of you were under 16
- One of you was already married or in a civil partnership
- You’re a close relation to the person you married.
In this scenario the law says the marriage never existed.
However a legal marriage can be voided in some circumstances, such as:
- You were forced into the marriage
- Your spouse was pregnant by someone else when you got married
- The marriage has not been consummated
- The other person had a sexually transmitted disease when you got married.
Considering a legal separation
There is a third option if you do not want a divorce or annulment.
Legal separation enables you to live apart and to separate shared responsibilities, these could be financial or related to children you may have.
People often consider a legal separation if their religious beliefs prevent them from divorcing or if they want time and space to work out whether they want to go ahead with a divorce.
It provides some legal security and clarity for people in these situations.
Unlike divorce you can enter into a legal separation during the first year of a marriage.
Support during the process
If you’re not sure which of the above is right for you, it is worth seeking advice.
Some solicitors offer free consultations, you can also get help filling out application forms from groups such as Citizens Advice.
You may be eligible for help with the fees that are charged to apply for a divorce, annulment or separation if you are on benefits or have a low income. You can apply for this government support online.
One of the most challenging parts of any separation is dividing assets up in a way that both sides are happy with.
Sometimes a mediation service might be needed to help you do this.
You may be able to claim legal aid to help with the costs, but even if you have to pay yourself it is far cheaper than going to court to settle a dispute.
