If your marriage is not valid for any reason, you can have the marriage 'Annulled' by presenting a 'Nullity Petition'.

However, you must apply to annul the marriage within a reasonable period of time, usually within three years. Unlike divorce, you do not need to have been married for a year before applying for a nullity.

You can apply for the annulment of your marriage if:

  • it has not been consummated (i.e. you have not had sex with each other since you were married)
  • your partner was still married to someone else at the time of the marriage
  • your partner had a sexually transmitted infection at the time of the marriage which they were aware of, but you were not
  • your partner was pregnant with someone else’s child at the time of the marriage and they were aware of this, but you were not