What is an annulment?
An application for an annulment (also called a decree of nullity) is an application for an order from the court that the marriage be declared invalid.
On what grounds can a marriage be declared invalid?
Invalidity may result from any one of the following:
- either partner was not of marriageable age;
- bigamy (that is, one partner was already married at the time of the marriage ceremony);
- the people were within a prohibited relationship (such as sisters marrying brothers, parents marrying children, half-brothers marrying half-sisters);
- either or both of the parties did not consent (the marriage took place through fraud, duress, mistake or mental incapacity);
- the ceremony was invalid (for example, the celebrant was not properly appointed).
Can I remarry if my marriage has been annulled?
Partners to a void or invalid marriage may remarry at any time without entering a bigamous relationship [Family Law Act 1975 (Cth) s 71].
If my marriage is annulled can I still apply for orders about children or property?
A partner to a void (annulled) marriage is still able to institute proceedings in the Family Law Courts for orders about children, maintenance and property [Family Law Act 1975 (Cth) s 71].
A child of a void marriage is covered by the Family Law Act 1975 (Cth) [ss 60E, 60F].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.
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