The One Where Rachel And Ross Got Married

• Published date: 12 December 2022
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Birketts
• Author: Jessica Richardson and Rachel Frost-Smith

The term annulment is more commonly associated with Hollywood stars or of course famous fictional couples such a Ross and Rachel (if you know you know). Although times have changed and cases of annulments have decreased from 257 in 2020 to 231 in 2021, particularly with the introduction of 'no fault' divorce earlier this year, some people would still prefer to annul their marriage, rather than divorce.

The reasons for seeking an annulment, rather than a divorce are varied. There are those alcohol influenced trips to the little wedding chapel in Las Vegas, but there are also more conventional issues. For example, in some cultures and faiths divorce is still frowned upon, meaning an annulment is more palatable. Sometimes a discovery of a significant fact about the other person may mean that a rapid legal solution is sought. The latter situation views marriage contractually, with a party seeking to show that either there was never a contract at all, or that the contract may be set aside. Another advantage of annulment over divorce is that a couple do not have to wait for a year after the date of the marriage to make an application. However, it is worth noting that if you choose to apply for an annulment a few years after the marriage then it is likely you will need to explain the reason behind the delay.

What are the conditions for obtaining an annulment?

Before you start the process of annulling your marriage you should be aware that the grounds for an annulment can be difficult to establish.

There are two grounds under which a marriage can be annulled:-

• If the marriage is 'void'; OR
• If the marriage is 'voidable'

Your marriage may be 'void' if

• You or your partner were under the age of 16 when you married;
• You and your partner are closely related; or
• One of you was married to someone else or in a civil partnership when you are married.

If your marriage falls into any of these categories, your marriage will never have been considered valid and you will not need to seek an annulment from the court. Instead, you will need to provide documentary evidence to prove the above.

Your marriage may be 'voidable' if

• Your marriage was not consummated (this does not apply to same sex couples);
• You did not give consent to the marriage, for example, you were under the influence of alcohol or you were forced into the marriage;
• Your partner was...