In Australia an annulment of marriage is legally referred to as a ‘decree of nullity of marriage’, which is governed by the Family Law Act.
A decree of nullity is a finding that there was no legal marriage between the parties, even though a marriage ceremony may have taken place. If the decree of nullity is granted by the Court, it is effective immediately.
A decree of nullity does not include any issues relating to children or property matters. An application for the division of property must be done within 12 months of the date of the granted declaration of nullity.
The Court may declare a marriage invalid on the following grounds:
The Court will NOT declare a marriage invalid on the following grounds:
To apply for nullity, you must file an Initiating Application. You will also need to prepare an affidavit stating:
You or the other party must fit one of the following to apply for a decree of nullity:
Applications for having your marriage annulled have to be made in the Family Court. There will be a court filing fee, but you may apply to the Family Court of Australia to have this reduced in certain situations.
Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email [email protected]