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My husband and I got married in June and have now separated. We have not consummated the marriage. Is it possible to get an annulment?
My husband and I got married in June this year. We had serious doubts about the wedding and our general relationship together and we have not yet consummated the marriage and shouldn't have gone through with the wedding in the first place. We are now separated. Is it possible for us to get an annulment as we did not enter the marriage thinking that we would spend the rest of our lives together? If yes, how do we go about it? Or do we have to wait a year and file for a divorce then?
A Petition to annul a marriage must be brought within three years of the date of the marriage, although generally speaking the sooner the Petition is made the stronger the likelihood that you will succeed.
A Petitioner seeking an annulment on the grounds of non-consummation must be able to show:
i) that the marriage has not been consummated owing to the incapacity of either party to consummate it
or
ii) that the marriage has not been consummated owing to the wilful refusal of the Respondent (the other spouse) to consummate it.
If it is not possible to rely on one of these two facts it is possible to seek a divorce after one year on the basis of adultery or unreasonable behaviour.
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