The Court may declare a marriage invalid on the following grounds:
• At the time the parties were married, one of them was married to someone else.
• The parties are in a prohibited relationship.
• The parties did not comply with the laws in relation to the marriage in the place they were married.
• Either party was not of a legal age to marry.
• Either of the parties did not give their real consent to the marriage because:
o consent was obtained by duress or fraud,
o one party was mistaken as to the identity of who they were marrying or the nature of the ceremony, or
o one party was mentally incapable of understanding the nature and the effect of the marriage ceremony.
The Court will NOT declare a marriage invalid on the following grounds:
• non-consummation of the marriage
• never having lived together
• family violence, or
• other incompatibility situations.
See Marriage Act 1961 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 for more information on what grounds a party may apply for a decree of nullity.
博通位于澳洲悉尼的家庭法律师熟悉各类离婚分居相关法律权威和理由，可帮助您申请宣告婚姻无效。
