Legally, an application for an annulment of a marriage can only be based on the ground that a marriage is void. A marriage is only void if one of the following scenarios applies:
1. bigamy – either of the parties was lawfully married to another person at the time of the marriage;
2. marriage to close relatives – the parties to the marriage are within a prohibited relationship;
3. a phony ceremony - the marriage was not solemnized in accordance with the formal legal requirements;
4. not a real consent – one party’s consent to the marriage is not a real consent because:
a. it was obtained by duress or fraud;
b. the party is mistaken as to the identity of the other party or as to the nature of the ceremony performed;
c. the party is mentally incapable of understanding the nature and effect of the marriage ceremony;
5. too young – one of the parties is not of marriageable age.
If none of the above applies then the only way to end the marriage is to seek a divorce in the Family Law Courts.
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at craddock@craddock.com.au for friendly professional service. Dominic will direct you to an experienced family lawyer who can assist you.