Can you still get parenting and ancillary relief if your marriage is annulled?

There are two types of annulment in England and Wales. The first type is to declare the marriage ‘void’, which means that the marriage was never valid as the parties were not eligible to marry in the first place. The declaration of nullity takes place retrospectively and the couple are legally treated as if they had never been married.

A marriage can be declared void if:
- The couple are within the prohibited degrees of relationship, which means they are closely related (brother and sister for instance)
- One or both of the parties were under the age of 16 at the time of the marriage
-The procedural requirements for marriage were not completed correctly
- The parties are not respectively male and female
- One or both of the parties were already married at the time of the marriage
The second type of annulment is to declare a marriage ‘voidable’, which means the marriage was valid up until the issue of the nullity decree by the court. Legally, the marriage did take place. A marriage can be declared voidable if:
- One party did not consent to the marriage
- The marriage is unconsummated
- One party had a mental disorder at the time of the marriage
- One party knowingly had a venereal disease at the time of the marriage, and the other party was not aware of this
- The woman was knowingly pregnant with another man’s child, and the man was unaware of this

In both void and voidable marriage, the court can grant ancillary relief and parenting arrangements in the same way as a divorce. All parties should take legal advice from family lawyers about their particular circumstances.
Parties to a divorce or an annulment are encouraged by both family solicitors and the court to come to an agreement regarding ancillary relief and arrangements for the children together.

Refusal to compromise or resolve issues amicably can result in a long and expensive court process, and the court’s decision may not be satisfactory for either party. In disputed cases, the representation of a family solicitor is vitally important to obtain. This will ensure the best interests of each party are maintained throughout the negotiations.

Both parties are advised to seek independent legal advice from a family solicitor. A family solicitor will be able to inform a person of their legal entitlements and what the best course of action is in their situation.

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