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Checking that your marriage can be annulled

Annulling a marriage means that legally it never existed. Before you start trying to get a marriage annulled, you should check if it’s likely that a court will annul it. For more information, see 'When you can annul a marriage'.

• When you can annul a marriage

Filing a ‘nullity petition'

Once you have checked the reasons for getting the marriage annulled you must submit a form called a ‘nullity petition’ to the court.

You do this by filling in form D8N which comes with guidance notes - see the links below.

• Form D8N - nullity petition Opens new window

• Guidance on completing a nullity petition (D8N) Opens new window

What you’ll need to say on the form

You will need to show on the form that you are asking for the marriage to be annulled - and why.

You will need to send in three copies:

• one for you to keep
• one for the court
• one for the court to send to the other person in the marriage

You might consider getting some legal advice if you’re filling in the form. It’s an important legal document and it will save you time and stress if you can get it right first time.

• Find a legal adviser Opens new window

Costs to apply for an annulment

You will have to pay a fee – currently £340. But you may be able to get a reduction if you are on a low income or on benefits.

• Court Fees - Do you have to pay them? Opens new window

If you have children

You’ll also need to fill in a form D8A – called a ‘statement of arrangements for children’ if your children are:

• under the age of 16
• under 18 and are at school, college or training for a trade profession or vocation

You must fill in this form with:

• your children’s names, addresses, dates of birth, health, education and training needs
• childcare arrangements and whether they will change if you divorce
• details of maintenance arrangements you have made or intend to make
• details of contact (or ‘access’) arrangements with your children you have made or intend to make
• any existing arrangements about the children with social services, probation officers or court orders

If possible you should agree the arrangements for children with your husband or wife before you file the petition.

• Statement of arrangements for children – form D8A Opens new window

When the court gets your form

When the court gets your nullity petition, it will send a copy to the other person in the marriage. The court will also send a ‘notice of proceedings’ (form D8) and ‘acknowledgement of service’ (form D10).

The other person must return the form D10 within eight days, showing whether they agree that the marriage should be annulled.

If they agree, you can apply for a 'decree nisi'. You will need to fill in an 'Application for decree nisi' (form D84) and 'Statement in support' (form D80).

Form D80 is a sworn statement concerning your annulment. It confirms that what you say in your nullity petition is true.

There is a different version of the form D80 for each type of annulment. You’ll need to use the version of the form D80 that covers the type of annulment (void or voidable).

You can find all the versions of form D80 by following the link below and entering ‘D80’ in the search box.

• D80 - find the right version of the form you need Opens new window

• D84 - application for decree nisi/conditional order Opens new window

If your husband or wife doesn't agree with the annulment

If your husband or wife doesn't agree with the annulment and arrangements for any children and money you will need to attend the court. You will both have to attend this court hearing. You will usually have to give evidence in court and swear an oath that what you say there is true. The judge will decide what else should happen and the court will let you know what you need to do.

When the judge is happy that the marriage can be annulled, they will issue a ‘decree nisi’. This is the first step in annulling the marriage. It says the judge sees no reason why your marriage can’t be annulled. The judge will explain what happens next.

Finalising the annulment

Six weeks after you get the decree nisi, you can apply for the Decree Absolute. In these cases, it’s also called a ‘Decree of Nullity’. This is the final legal document which says that the marriage never legally existed.

You’ll need to fill in and return a form D36 to the court.

You will have to pay a £45 fee. You may, however, be able to pay less if you are on a low income or receiving benefits.

• Notice of application for decree nisi to be made absolute – form D36 Opens new window

• Court fees - do you have to pay them? Opens new window

When you return your forms

Once the court has received the form and fee, it will check if there are any reasons that the marriage can’t be annulled. In most cases, you don’t need to go to court for this.

If the court is happy, it will send you the Decree of Nullity.

Sorting out money and possessions

Even if your marriage is annulled, you may still have to sort out how you’ll split up any money, property or possessions you may have.

It‘s best to agree this between you and the other person if you can. But if you can’t agree you can ask the court to help you agree or decide for you. This is done by applying for a 'financial order' (sometimes referred to as the 'ancillary relief' process).

• Working out money and property matters yourselves if you're married or in a civil partnership

• What a financial order is