The Family Court may make what is known as ‘decree for the nullity of a marriage’ if it deems the marriage void.
A ‘decree of nullity of marriage’ can be instituted by either party to the marriage or jointly by both parties.
A marriage may be nullified for any of the following reasons:
– Either party at the time of the marriage was lawfully married to another person.
– The parties are related i.e. siblings (whether whole or half), ancestors or descendants.
– Either party was under 18 years old unless the person is 16 or over and the court deems the circumstances so exceptional and unusual as to justify the marriage.
– Consent was invalid because it was obtained by duress or fraud.
– That party is mistaken as to the identity of the other party.
– That party is mistaken as to the nature of the ceremony performed.
– That party is mentally incapable of understanding the nature and effect of the marriage ceremony.
Call our offices today on (08) 9226 3300 to schedule your initial consultation to discuss if you are eligible to have your marriage nullified.
