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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Hi there, I have recently separated from my husband and would

Resolved Question:

Hi there, I have recently separated from my husband and would like to seek advice on how to terminate the marriage. We had the civil ceremony in March this year and separated in June. We did not consummate the marriage, am i able to get an annulment or do i have to wait 2 years before i can get a divorce?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.
There are various grounds to be able to get a marriage annulled.
With regard to the non-consummation of the marriage, a marriage is voidable if:
The marriage was not consummated owing to the incapacity of the Petitioner/Respondent to consummate it
or
The marriage was not consummated owing to the wilful refusal of the Respondent to consummate it
So - either - one of you was not able to have sex - or - your husband as respondent refused to have sex (you are the petitioner if you start the divorce process off, and your husband is the respondent)
There are various other grounds that a marriage can be void or voidable ie for an annulment to be granted.
There's no waiting period if you want to apply to annul your marriage - but it might be difficult to satisfy the ground of "incapacity" or "wilful refusal" if you want to base your nullity petition on non-consummation.
If you decide to issue divorce proceedings instead, you only have to wait one year from the date of your marriage, if you base your divorce petition on your husband's adultery or behaviour,
or two years from the date of separation if you base your divorce on having been separated for two years and your husband consents to a divorce,
or 5 years from the date of separation if you base your divorce on having been separated for 5 years whether or not your husband consents to a divorce.
If you issue your divorce petition on the basis of your husband's behaviour, you can include all types of behaviour eg not speaking, constant rows, mean with money, etc etc INCLUDING not having sex - but in a behaviour petition you do not have to say whether this was "wilful refusal" or "incapacity".
It is generally easier to get a divorce based on the other person's behaviour after one year of marriage, then a to get a marriage annulled, even though you do not have a waiting period to issue nullity proceedings.
I hope this helps and I wish you the best of luck.
Thanks and best wishes...
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