Nullity or declaration as to validity
This Court can make:
- an decree of nullity of marriage
- a declaration as to the validity of a marriage, or
- a declaration as to the validity of a divorce or annulment of marriage.
Decree of nullity
A decree of nullity can be granted if there was no legal marriage between the parties, even though a marriage ceremony has taken place.
The Court can grant a decree of nullity for reasons including:
- one or both of the parties were already married at the time
- one or both of the parties were underage and did not have the necessary approvals
- one or both of the parties were force into the marriage under duress, or
- the parties were closely related to each other.
See the Marriage Act 1961 (Cth) for more information on decrees of nullity.
Declaration as to validity
A marriage can be declared invalid if it is not solemnised according to the formal requirements of the Marriage Act 1961 (Cth).
The Court cannot declare a marriage invalid on the follwing grounds:
- non-consummation of the marriage
- never having lived together
- familiy violence, or
- other incompatibility situations.
Next steps
You can visit the making an application section for information on how to apply for a declaration as to validity or nullity.
Last updated: 16-Apr-2018
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