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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