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The Court may declare a marriage invalid on the following grounds:

• At the time the parties were married, one of them was married to someone else.

• The parties are in a prohibited relationship.

• The parties did not comply with the laws in relation to the marriage in the place they were married.

• Either party was not of a legal age to marry.

• Either of the parties did not give their real consent to the marriage because:

o consent was obtained by duress or fraud,

o one party was mistaken as to the identity of who they were marrying or the nature of the ceremony, or

o one party was mentally incapable of understanding the nature and the effect of the marriage ceremony.

The Court will NOT declare a marriage invalid on the following grounds:

• non-consummation of the marriage

• never having lived together

• family violence, or

• other incompatibility situations.

See Marriage Act 1961 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 for more information on what grounds a party may apply for a decree of nullity.