How to File for an annulment of Marriage in Melbourne, Australia
Are you considering an annulment of your marriage? A party to a marriage may file an application for a decree of nullity of marriage with the Federal Circuit and Family Court of Australia (FCFCOA) or the Family Court of Western Australia. A decree of nullity is an order which declares that there was no legal marriage between the parties. This blog post will provide you with everything you need to know about applying for an annulment in Australia.
Grounds for Obtaining a Decree of Nullity of Marriage
Under the Marriage Act 1961 (Cth), a decree of nullity of marriage may be granted if the court is satisfied that the marriage was null and void because of one of the following grounds:
One of the parties was already married to another person;
One of the parties was not, at the time of the marriage, of marriageable age;
The parties were in a prohibited relationship;
There was not voluntary consent by one or both of the parties;
There was a mistaken identity as to one of the parties to the marriage; or
One of the parties was unable to understand the effect of the marriage due to mental impairment or incapacity.
How to file an Application for Annulment or divorce
To commence proceedings for a nullity of marriage, you need to file the following documents with the court:
An Initiating Application;
An affidavit in support detailing the facts relied on to have the marriage annulled. The affidavit must clearly identify the grounds relied on and the facts necessary to establish those grounds;
Supporting documentation may be important depending on the ground relied on;
The filing fee or application to have the filing fee reduced.
If your application for an annulment is successful, a decree of nullity will be granted by the court. A decree of nullity is an order which declares that there was no legal marriage between the parties. If the court is satisfied, based on the evidence available to the court, that the case clearly is one for the grant of a decree of nullity, the court must make orders for the nullity. A decree of nullity is not to be granted lightly. Moreover, the grant of a decree of nullity is not discretionary. If the facts establish the marriage is invalid, relief must issue.
Recognition of Decree of Nullity in Overseas Countries
As to whether a decree of nullity made in Australia will be recognised in overseas countries, it is advisable to seek legal advice. Similarly, an annulment order made validly overseas will be recognised in this country with very few exceptions.
Conclusion
If you are considering filing for a decree of nullity of marriage in Melbourne, Australia, Dhillon Legal can help you. Contact us today to learn more about our services and how we can help you with your annulment.
Online Divorce Application
If you believe the marriage was valid and you would like to get a divorce instead, you can get started using our our online divorce platform. Our platform streamlines the divorce process and makes it easy for you to get started. Contact us today to learn more about our services and how we can help you with your divorce.
