Annulment of Marriage
Marriage annulment in Australia is governed by family law. Invalidation requires a judgment of invalidity. This is an injunction that although a marriage may have taken place, there is no legal marriage between the parties. It turned out that the marriage was invalid. This article is about the annulment of marriage in Australia.
Applying for an Annulment of Marriage
Applications for revocation can be made to the Federal Circuit and Family Courts of Australia. The parties need not be separated for an identifiable period of time.
If a judgment of nullity is pronounced by the court, it will become effective immediately. Nullity judgments do not cover educational or financial matters, so legal advice should be sought on these matters. The application for division of property must be made within 12 months of the termination date.
To apply for an annulment order to annul a marriage in Australia, at least one party must either:
- Be an Australian Citizen
- Live in Australia and consider Australia to be their permanent residence, or
- Normally resides in Australia where she has lived for at least 12 months prior to application.
Annulment is only possible under certain conditions. If none of these circumstances apply, the parties must separate for 12 months and file for divorce if they wish to end the marriage.
A nullity judgment effecting the annulment of a marriage is a court order stating that there is no legal marriage between the parties.
Grounds for Invalidation
A court can only annul a marriage on the following grounds:
- One of the parties was still legally married to another person at the time of the marriage.
- The parties have a forbidden relationship. Marriage cannot involve an assumed (legal) relationship between direct descendants (such as parent and child) or between siblings (including half-brothers).
- Failure to comply with the marriage law of the place where the parties were married. B. Using an unauthorized priest to celebrate the marriage.
- One or both parties were not old enough to marry.
- One of the parties did not actually consent to the marriage. This is because their consent was obtained by coercion or fraud, or one party was misled as to the identity of the person they wanted to marry, or did not know to marry, or one party was mentally incapable of may be the cause. Understand the nature and effects of weddings.
Apply for Annulment
Requests for cancellation must be made in writing. You must submit three copies of the completed Commencement Application, a copy of the marriage certificate, and an affidavit stating the grounds for voiding the marriage and the type of marriage performed.
There is a fee for requesting a declaration of invalidity. In some cases, a reduced fee may be requested if the party making the request is a holder of certain government concession cards or has evidence of financial hardship.
To submit a request for revocation, the applicant must serve the documents to the respondent. Documents may be sent by a person other than the applicant, on behalf of the applicant, or by mail or electronic transmission (recipient in this case must sign confirmation of service). A copy of the court’s Marriage, Family, and Separation brochure, affidavit, and service confirmation must also be submitted with the application.
If the other party wishes to contest the request, it must submit a response to the request form. This must be supported by a reliable affidavit when denying the application or saying that the Federal Circuit and Family Courts do not have jurisdiction to hear the application.
If the defendant is in Australia, the hearing date will be set within 42 days of his filing of the application. If the defendant is not in Australia, this hearing date is at least 56 days after the filing of the application.
Abolished by the Catholic Church
The Catholic Church does not recognize the remarriage of those who divorced while their first partner was still alive. A divorced person cannot remarry in the Catholic Church unless the court has annulled the marriage.
Canon law regarding the annulment of marriage can be complex and may require expert advice. Annulment recognized by the church is not legally recognized as a legal annulment of the marriage, and the parties must legally terminate the marriage before remarrying. If you need legal advice or representation regarding legal matters, please contact Dot Legal Lawyers.