What’s the difference between divorce and annulment?

Divorce v annulment: What’s the difference?

Ending a marriage is never easy and deciding how to do so can be confusing. Whether you're considering divorce or annulment, it's important to understand the legal distinctions between the two. Each route has its own conditions and consequences, particularly when it comes to financial settlements and child arrangements.

What is a divorce?

A divorce is the legal dissolution of a marriage. Since April 2022, the UK has adopted a no-fault divorce system, meaning couples no longer need to assign blame or prove wrongdoing to end their marriage.

The process now allows for either a sole or joint application, and the only requirement is a statement that the marriage has irretrievably broken down. When applying for a no-fault divorce, there is a minimum 20-week reflection period before a conditional order is granted, and an additional six week waiting period before the final order is issued.

Can I get a divorce?

If you’ve been married for at least one year, you can apply for a no-fault divorce. The process typically involves:

• Filing an application (sole or joint)
• Waiting 20 weeks for a conditional order
• Waiting an additional 6 weeks for the final order

Although having legal support is not necessary when applying for a divorce, having an expert on hand can be helpful when dealing with financial or childcare arrangements.

What’s an annulment?

An annulment is a legal declaration that a marriage was never valid or is voidable due to specific circumstances. Unlike divorce, annulment can be pursued within the first year of marriage or any time after.

There are two types of annulment; void marriages, whereby the marriage was legally invalid from the start, and voidable marriages, whereby the marriage is legally valid but flawed.

On what grounds can a marriage be annulled?

It is important to be aware that the grounds for annulment are limited and can be difficult to establish.

You may apply for annulment if:

• The parties are closely related
• You were forced into the marriage
• The marriage was not consummated (not applicable to same-sex couples)
• Your spouse was already married or in a civil partnership
• One party was underage
• Your spouse had an STD or was pregnant by someone else at the time of marriage
• One spouse is transitioning gender

Can an annulment affect a financial settlement?

Under the Matrimonial Causes Act 1973, spouses going through a divorce are typically entitled to seek financial settlements, which includes a division of assets, spousal maintenance, and other financial claims. However, an annulment is treated differently.

An annulment declares the marriage was either void or voidable, meaning that legally, it either never existed or was invalid from the start. Due to this, it's unlikely that you could make a claim to your ex-spouse’s assets in the same way you could during a divorce.

However, claims related to children, such as child maintenance or arrangements for care will still be considered separately and can be pursued regardless of the annulment.

Divorce vs annulment: How do I choose?

Deciding between a divorce and an annulment depends on your personal circumstances and the legal grounds available to you. While both processes legally end a marriage, they differ in how the marriage is treated under the law.

Divorce is the most common route and applies to legally valid marriages that have broken down irretrievably. It allows for financial settlements under the Matrimonial Causes Act 1973, including division of assets, spousal support, and arrangements for children.

An annulment is only available in specific situations—such as if the marriage was never legally valid (void) or should not have been valid (voidable). If granted, it treats the marriage as though it never legally existed.

When deciding between divorce and annulment, you’ll need to consider several key factors: whether your situation meets the legal criteria for annulment, how long you’ve been married, and whether there are financial or child-related matters that require resolution.

Whether you believe you may qualify for an annulment or are considering divorce, it’s essential to seek expert legal advice. A family law solicitor will assess your situation, explain your options, and guide you through the process. Separation can be emotionally challenging, especially when children, money, and property are involved. A specialist solicitor will help protect your interests and work toward the best possible outcome for you and your family.

How can Slater and Gordon help?

At Slater and Gordon, we understand that family law matters can be emotionally and financially challenging. That’s why our approach is rooted in compassion, clarity, and expertise.

Many of our solicitors are proud members of Resolution, an organisation committed to promoting a constructive and amicable approach to family law. We aim to resolve disputes without going to court wherever possible, helping you avoid unnecessary stress, conflict, and expense.

With offices nationwide, we bring industry-leading legal support right to your doorstep. Our comprehensive family law services cover everything from divorce and separation to financial settlements, cohabitation disputes, and nuptial agreements—tailored to suit your unique circumstances.

Recognised by Chambers and Partners, Legal 500, and holding Lexcel accreditation, our team is known across the legal industry as a safe pair of hands—dedicated to protecting your interests and guiding you through every step with confidence.

Our initial consultation is just £150 (including VAT). If you're considering divorce or annulment and want to minimise cost and conflict, speak to one of our experienced family solicitors today.