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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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hello we have been married seven years in the UK and still

Customer Question

hello we have been married seven years in the UK and still have not sex went to marriage councilling two years ago to discuss our issue about no sex, my partner wants a divorce, my question is can i still annul the marriage as opposed to divorce and is it more costly and does the process take longer
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
I am sorry to have to ask - but is the lack of a relationship due to your partner's refusal?
Customer: replied 4 years ago.

Hello;the answer is yes; whenever we would try to have sex she start to get really tense and uneasy and feel uncomfortable and find idea really painfull also says my wife also is ticklish and giggle alot; we have tried to not let it effect us over the years the marriage councillor suggested she go to a doctor to see if anything physically causing an issue and no physical issues please let me know if you need any other specific details

Expert:  Clare replied 4 years ago.
Has she actually refused to do it - or has it simply not been physically possible?
May I ask why you want an annulment rather than a divorce?
Customer: replied 4 years ago.

Its more been physically unable to do it; because of tensness and pain elements; we kiss and cuddle but because this is personal and slightly embarrassing situation the only person we discussed with was marriage councillor and doctor; I love my wife dearly and never ever wanted to force or make a natural thing an uncomfortable thing; as she is still a virgin; and didn't want to ne selffish if she is in pain not enjoying inter course; terms of divorce it is a possibility but I feel sex should be a normal practice between loving spouses we are both amicable about the situation I just thought annulment what are marriage would be catorgrised at because of our sex situation, please advise

Expert:  Clare replied 4 years ago.
In order for there to be an annulment the refusal to consummate the marriage has to be wilful - and absolute refusal - not simply not physically possible
If your spouse is willing to agree that she refuses to do this then there is no reason not to apply to annul the marriage - the procedure and cost is much the same for both
I hope that this is of assistance - please ask if you need further assistance