The Court may declare a marriage invalid on the following grounds:<\/p>\n\n\n\n
\u2022 At the time the parties were married, one of them was married to someone else.<\/p>\n\n\n\n
\u2022 The parties are in a prohibited relationship.<\/p>\n\n\n\n
\u2022 The parties did not comply with the laws in relation to the marriage in the place they were married.<\/p>\n\n\n\n
\u2022 Either party was not of a legal age to marry.<\/p>\n\n\n\n
\u2022 Either of the parties did not give their real consent to the marriage because:<\/p>\n\n\n\n
o consent was obtained by duress or fraud,<\/p>\n\n\n\n
o one party was mistaken as to the identity of who they were marrying or the nature of the ceremony, or<\/p>\n\n\n\n
o one party was mentally incapable of understanding the nature and the effect of the marriage ceremony.<\/p>\n\n\n\n
The Court will NOT declare a marriage invalid on the following grounds:<\/p>\n\n\n\n
\u2022 non-consummation of the marriage<\/p>\n\n\n\n
\u2022 never having lived together<\/p>\n\n\n\n
\u2022 family violence, or<\/p>\n\n\n\n
\u2022 other incompatibility situations.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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