Recent headlines surrounding Katie Price and her reportedly missing husband have once again drawn attention to the realities behind whirlwind romances, especially those that lead to a walk down the aisle within a matter of days of meeting, as was the case for Katie Price and her fourth Husband.
Whilst these stories often catch the public eye, it also raises important legal questions - what options are available when a whirlwind marriage quickly reaches its end, or when a long-term relationship breaks down within the first year of marriage?
A married couple cannot begin divorce proceedings until one year has passed from the date of marriage. Unlike divorce, however, a couple can apply for an annulment within the first year of marriage although there are strict conditions to be able to do so.
Under an annulment, a marriage can either be void (never legally valid) or voidable (it was legally valid but it falls under one of the reasons to make the marriage voidable).
The marriage is void
A marriage can be showed to be void if:
- You are closely related to the person you married;
- Either or both of you were under 18 at the time of the marriage (or under 16 if the marriage took place before 27 February 2023); and
- One party was already married or in a civil partnership at the time.
The marriage is voidable
A marriage can be voidable if:
- The marriage was not consummated (the parties have not had sexual intercourse since the day of the wedding) but this condition does not apply to same sex couples;
- You did not consent to the marriage and were forced into it;
- The other party had an sexually transmitted disease (STD) at the time of marriage;
- The other party was pregnant by someone else at the time of the marriage;
- One spouse is in the process of transitioning to a different gender.
A marriage remains legally valid unless and until it is annulled on one of these grounds. An application for annulment must be made to the court, supported by a statement and evidence to substantiate the claim.
In relation to the specifics of Katie Price’s marriage, although the ceremony took place in Dubai, she would be able to apply for an annulment if one of the relevant legal grounds applies or pursue a divorce once the first year of marriage has elapsed, as she is habitually resident in England.
Each situation will turn on its own facts, and the appropriate course, whether annulment or waiting to pursue divorce, will depend on the specific circumstances. If you find yourself in a similar position and would like tailored advice, please feel free to get in touch and I would be happy to assist you in exploring your options.