A decree of nullity is a court order that has the effect of saying that there is no legal marriage between the parties, even though a marriage ceremony has taken place. Essentially, it is a finding that the marriage was void.
A court is empowered to issue such an order pursuant to section 51 Family Law Act 1975 (Cth) if it is proven that the marriage was void. The grounds for such an order are provided in section 23B Marriages Act 1961 (Cth). The Court will issue such a decree in the following circumstances:
- 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: –
- consent was obtained by duress or fraud,
- one party was mistaken as to the identity of who they were marrying or the nature of the ceremony, or
- one party was mentally incapable of understanding the nature and the effect of the marriage ceremony.
The Court will NOT declare a marriage invalid and issue a decree of nullity on the following grounds:
- Non-consummation of the marriage,
- Never having lived together,
- Family violence, or
- Other incompatibility situations.
Unlike a divorce application which requires the parties to be separated for a period of 12 months, an application for a decree of nullity can be made at any time after the marriage ceremony. Also, unlike a divorce order that takes effect one month and a day after it is granted by the court, a decree of nullity is effective immediately.
A decree of nullity does not relate to parenting and/or financial matters between the parties and separate applications must be made to the courts for orders pertaining to parenting and/or finances.
If you need expert legal representation in Family Law matter, please contact Pannu Lawyers on 02 9920 1787. Our principal is named as leading Family and Matrimonial Lawyer of the Year by Acquisition International in their 2019 leading Adviser Awards. Pannu Lawyers are conveniently located in Blacktown and extensively practice Family Law, Criminal Law, Commercial Law and Conveyancing.
