What is a Marriage Annulment?

A marriage annulment is different from a divorce.

A divorce ends a valid marriage, while an annulment declares that the marriage was never legally valid in the first place. In other words, it wipes the marriage from the record as if it never existed.

In Australia, annulments are called “Decrees of Nullity” and can only be granted by the Federal Circuit and Family Court of Australia.

Grounds for Annulment

Not every unhappy marriage qualifies for annulment. The Court will only grant an annulment in limited situations, including:

• Bigamy – One person was already married to someone else at the time.

• Prohibited relationships – Marriage between close relatives (e.g., siblings, parent/child).

• Invalid consent – One party did not freely agree due to:

  • Duress (forced into marriage)

  • Fraud (lied about identity or important facts, such as hiding infertility)

  • Mistaken identity (marrying the wrong person)

  • Mental incapacity (not understanding the nature of marriage)

• Underage marriage – One or both parties were under the legal marriageable age (18, unless the Court had given special approval).

• Improper solemnisation – The marriage ceremony did not comply with legal requirements under the Marriage Act 1961 (Cth).

Examples

• Example 1: John discovers his “wife” Sarah was still legally married to another man when they married. He applies for an annulment, as the marriage is void due to bigamy.

• Example 2: Emily was forced into marrying a cousin under family pressure. She applies for an annulment on the grounds of duress.

• Example 3: David marries Anna, but later finds out Anna misrepresented her identity and was actually using fake documents. He may be able to seek an annulment based on fraud.

The Annulment Process in Australia

1. Application – File an “Application for Nullity of Marriage” in the Federal Circuit and Family Court.

2. Filing fee – A Court fee is payable (concessions may apply).

3. Serve the papers – The other party must be formally given notice of the application.

4. Court hearing – A Judge reviews evidence and decides if the marriage is void.

5. Decree of Nullity issued – If granted, the marriage is legally treated as if it never existed.

Important Points

• You don’t need to prove separation or wait 12 months like in divorce.

• Children from an annulled marriage are still considered legitimate under Australian law, and parenting orders can still be made.

• Property and financial settlements are handled under the Family Law Act 1975 (Cth), just like with divorce.

• Annulments are rare—most people end a marriage through divorce, unless the specific grounds above clearly apply.