Marriage annulment
Worried your marriage is invalid? We can help you make sense of your situation
Are you concerned about whether your marriage is valid? Perhaps your spouse is seeking an annulment. Or maybe you’re concerned your marriage didn’t meet legal requirements and you need advice. Or you believe your marriage should be annulled because of your circumstances.
Whatever the reason, facing a marriage annulment can be a confusing and difficult time, so it helps to have the guidance of a family lawyer skilled in navigating this area.
We know that knowledge is an excellent starting point for every client, so here’s some important information about marriage annulment and how family laws operate in Australia.
Get in touch to learn more about how we can help you.
Frequently asked questions about marriage annulment
What is a marriage annulment in Australia?
A marriage annulment is different from a divorce:
- An annulment is a legal declaration that a marriage was never valid
- A divorce is the legal end to a valid marriage
Annulments are governed by Australian family laws, which say that if there is any doubt about a marriage being valid, the Federal Circuit and Family Court of Australia can declare it invalid
This process is referred to as a declaration of nullity.
What is a decree of nullity?
A decree of nullity is an order that legally declares no valid marriage between the parties, even if there was a marriage ceremony.
What is the process for getting a decree of nullity?
To apply for a decree of nullity, you must file an Application in the Court, along with a supporting affidavit outlining:
- The evidence you rely on to have the marriage annulled, and
- Information about the marriage ceremony, including the time, date and place, and
- Information about where to find your spouse
Your spouse can respond when these documents are filed and served on them. Then a date will be set for hearing the application.
Is my marriage invalid?
The Court can declare your marriage invalid if:
- At the time of marriage, either you or your spouse was already married to someone else
- You and your spouse are in a relationship prohibited by law (an illegal relationship). Examples include a parent-child relationship
- You and your spouse didn’t meet the legal requirements for marriage in the place where you got married
- Either you or your spouse was below the legal age for getting married
- Either you or your spouse didn’t genuinely consent to the marriage because of:
- Coercion or deceit
- Being misled about the spouse’s identity or the nature of the ceremony
- Inability to understand the nature and consequences of the marriage ceremony
Are there any reasons why the Court will refuse to annul a marriage?
The Court can refuse to annul a marriage for reasons including:
- The marriage wasn’t consummated (you and your spouse didn’t have sex after getting married)
- You and your spouse never lived together
- There was family violence
- You and your spouse were incompatible (unsuited to one another)
This means you need other reasons if you want to convince the Court to grant the annulment.
Get in touch
We recommend using a family lawyer to guide you through the marriage annulment process, to give you legal advice, prepare the documents, and represent you in Court. It can help reduce stress and delays due to errors or misunderstandings.
We guide our clients through marriage annulments with affordable, practical advice, excellent skills and plenty of care. Get in touch to learn more about how we can help you.