Seriously though, it's not impossible to get an annulment?

[monsterradeliciosa]

I am still seriously considering applying for this.
I was in a coercive controlling relationship and it says on the actual form for annulment

The applicant/respondent did not validly consent to its
formation, whether in consequence of duress, mistake,
unsoundness of mind or otherwise

Mistake?! Well I mean if you can say 'sorry it was a mistake' then surely you can say 'sorry I was abused for five years and felt under duress'

I keep being told oh no, this is just too far fetched, but really the form seems pretty simple.

Can I trouble anyone on this board for insight? I realise it's a niche area.

1. I've already initiated divorce online - does this preclude me also sending in the annulment form?
2. I have an open police report from me and my daughter about this man.

I know I should speak to a solicitor but if I could afford to do that I would not be here outing myself in public. Thanks.

I am not a lawyer of any kind, but I suspect to have a marriage annulled on the grounds of duress, you would need to be able to demonstrate that you were subject to quite specific threats - "marry me or I'll hurt you/reveal your terrible secret". "Mistake" doesn't mean that you can have a marriage annulled because you've concluded it was a mistake to marry - it means more along the lines of mistakenly thinking you were free to marry when you really weren't, because you had a living spouse or unbeknownst to you your intended was really your half-sibling or something.

What makes you want an annulment over and above a divorce?

Also, how come there's an option for financial order if this is making the marriage as if it never took place? That seems to make no sense to me.

I know there are solicitors out to make a lot of money from this but surely the law should be transparent and available for us all to understand?

Also, how come there's an option for financial order if this is making the marriage as if it never took place? That seems to make no sense to me.

There might still be assets to un-merge - if you had jointly bought a house, say, or taken on joint debt - and it might not be as simply as giving money to make a clean break if one party was no longer in a position to hand over cash.

@ShiverOfSharks Okay that makes sense.

I think because it's under coercive control it's likely all moot and there are probably very few annulments relating to this, but I think they will increase, if only by one per year, wouldn't you agree?

There was no such threat but then there was no 'have sex with me or I will treat you like shit' it was unspoken.

I felt pressured. The registrar had to keep asking me if I was okay and to look at her as I simply did not want to be there, wasn't eating properly, was out of it.

I'm tied to this person for another 6 months because of some stupid cooling off period I don't need. Also there's a matter of principle. Everyone around us knows I never wanted to get married in the first place.

@PlaitBilledDuckyPuss Thank you. I don't see though how this relates to a marriage that effectively never was. I would think that would be dealt with as with any couple who were financially tied.

I'm unravelling all this as time goes on.

I've already applied for divorce but I want out as quickly as possible

I have a friend who had her marriage annulled many years ago. It was pretty clear cut, it was for non consummation on the grounds of the incapacity of the other partner.

I think it is fairly unlikely that you ‘qualify’ for an annulment, as you have been married for some time and have had a child. The issues you refer to are forced marriage, deception ( as in marrying someone with a false identity) , not regret.

Anyway, an annulment is quite a difficult and slow process, if it is contested as hers was, it involved going to the High Court with barristers on both sides. Frankly, you would not find this a pleasant, inexpensive or faster option than divorce.

We were married a year and we have no children together.

Thank you.
Fair enough. I wondered about my police complaint being a basis but that's not even dealt with yet.

I don’t know.

But, why not apply and find out? Maybe you’ll get a sympathetic reader / be lucky 🤷‍♀️

“Mistake” has a specific legal meaning and is not relevant in your case.

www.justice.gov.uk/downloads/fjr/d8n-notes.pdf

Some further info:

No valid consent to the marriage/civil partnership due to duress, mistake, unsoundness of mind or otherwise
If at the time of marriage or civil partnership you were placed under duress (i.e. you were forced or threatened) which caused you sufficient fear of pressure to override your true intent you may be eligible to apply for an annulment.

If you believed you were marrying/entering a civil partnership with a different person to the one you actually did or if you were unaware that the ceremony would result in a legally recognised marriage or civil partnership you may be eligible to apply for an annulment for this reason. However, if you were only mistaken about your spouse/civil partner’s personality or finances this is unlikely to be a sufficient reason for an annulment.

If at the time of the marriage/civil partnership either you or your spouse/civil partner was not capable of understanding the consent they were giving at the time you may be eligible to apply for an annulment for this reason.

www.lawteacher.net/cases/marriage-and-nullity.php

Here are some case summaries of relevant cases. Look under “duress”. It seems unlikely that you would qualify. These marriages were unconsummated, short and with immediate threat.

Otherwise anyone who regrets marriage could get an annulment.

It's very difficult. I explored the possibility after 'D'H told me that he'd lied when he said his vows in order to destroy me. Went the divorce route.

Bloody hell
sorry to hear that