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How to apply for an annulment order

  • October 3, 2023

Home " Legal Blog " Family Law " How to apply for an annulment order

How to apply for an annulment order

Court Jurisdiction In cases involving marriage annulments, the Federal Circuit and Family Court in Australia do not have this power. You should direct your application to the Family Court in Australia.

Criteria for Nullity of Marriage When an order for nullity of marriage is sought, the marriage should be declared null and void in accordance with section 51 of the Family Law Act 1975. The grounds for granting an annulment include:

  • The existence of bigamy;
  • A prohibited relationship exists between the parties;
  • An invalid wedding was performed;
  • Lack of genuine consent due to fraud or duress;
  • Misunderstandings about the identity of the spouse or the nature of the ceremony;
  • One or both parties have a mental inability to understand marriage;
  • The person concerned has not reached marriageable age, as provided for in article 23 of the Marriage Act 1961.

Application Procedure To apply, file a petition for commencement accompanied by an affidavit attesting to the facts. Like a divorce petition, the attorney must make a declaration. Once filed, the application will go through a similar process as a divorce petition, complete with a hearing date.

Hearing details The hearing process is similar to a divorce case, with one key difference: the registrar cannot make an order for nullity of marriage. Therefore, the case will appear before a judge or judicial registrar of the Federal Circuit and Family Court of Australia. The applicant should be present at the hearing and be prepared to give oral evidence. The court requires proof of the marriage, such as a marriage certificate, and the reasons for seeking an annulment.

Need help?The Family Law Office of Chua Tan Associates can help you prepare court filings and attend court hearings. Please contact our office for assistance.

The family law attorneys at Choi, Ching Wai & Associates can help you navigate the complexities involved in family law and provide the best legal advice you canclick hereStart your divorce petition. If you have any questions, you canContact Usfor initial help and guidance.

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