GROUNDS FOR ANNULMENT AND THE OPTION FOR DIVORCE

An annulment of marriage in Australia (also known as a decree of nullity) is an order which specifies that there is no legal marriage between the parties despite a marriage ceremony having occurred. The Family Court of Australia has the power to declare a marriage void under the Family Law Act 1975 (Commonwealth).

For such an application to be granted, there are limited circumstances to establish grounds that the marriage is invalid.

In South Australia, invalidity can stem from any of the following reasons:

1. Either partner was not of marriageable age
2. Bigamy (one partner was already married at the time of the marriage ceremony)
3. The people were within a prohibited relationship (i.e. marriage between parents and children, siblings, half-siblings, legally adopted children)
4. Non-consent from either or both parties (i.e. marriage under duress, fraud, mistake or mental/ legal incapacity)
5. Ceremony was void (i.e. celebrant not properly appointed, qualified or authorised)

However, the court has a strict approach on granting a decree of nullity. The court will not grant such an order for the following reasons:

1. The marriage was not consummated
2. The parties involved have never lived or stayed together
3. Family violence
4. Issues of compatibility

Parties can seek a divorce to end a marriage if grounds for annulment cannot be established. For parties to be divorced, they must first be separated for at least 12 months. If the parties get back together for a period of 3 months or longer, the 12 months clock restarts.

If you require advice regarding annulment, marriage or divorce Straits Lawyers are here to help. We are now offering online services in both English and Chinese.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.