Nullity

If a marriage ends, most couples obtain a divorce. Some people, often for religious reasons, might try to have their marriage annulled.

A declaration of nullity is a finding by the court that there was no legal marriage between the parties, even though a marriage ceremony may have taken place. Applications for an annulment are rare. They are also very difficult to obtain, particularly given the simplicity of obtaining a divorce.

A court may declare a marriage annulled on the following grounds:

• one or both of the parties were already married at the time;

• one or both of the parties were under-age and did not have the        
   necessary approvals (from the court and/or their parents);

• that the parties were too closely related to be allowed to marry; 

• one or both of the parties were forced into the marriage under duress.

To get married in Australia there are formal requirements which need to be complied with. For example, a member of the clergy or a registered marriage celebrant must conduct the ceremony. There are also requirements as to the type of paperwork which must be supplied. While it is important that these rules are followed, a failure to strictly comply with them may not invalidate the marriage.

With our highly-skilled understanding of the requirements of family law, the team at Calley Rajah Family Lawyers are well-equipped to deal with any issues surrounding the annulment of a marriage.