Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Or refine your search by selecting a city:
An annulment is a legal procedure that declares a marriage null and void as if it never existed. Unlike divorce, which acknowledges the end of a legally valid marriage, an annulment essentially erases the marriage from a legal standpoint. In Australia, annulment is rare and can only be granted under specific conditions outlined in the Family Law Act 1975. These conditions include scenarios such as bigamy, incapacity to consent due to mental incapacity or duress, fraud, or incestuous marriage. The process is complex, often requiring legal intervention to properly navigate the legal and emotional grounds of an annulment.
Legal advice is crucial when dealing with annulments due to the stringent legal criteria and complexities involved. You may require a lawyer if:
The Family Law Act 1975 is the primary legislation governing annulments in Australia. Key aspects include:
Annulment treats the marriage as though it never happened, while divorce ends a legally recognized marriage.
Grounds include bigamy, lack of consent due to mental incapacity or duress, fraud, insufficiency in legal capacity due to age, and incestuous marriages.
The length of the process can vary but typically involves several months due to gathering sufficient evidence and attending court hearings.
While not mandatory, having a lawyer can be highly beneficial due to the complex legal requirements and the need for substantial evidence.
Annulment itself does not resolve property or financial issues; separate legal actions may be necessary to address these concerns.
The parental responsibilities and rights are not affected by an annulment; separate family law proceedings may determine arrangements for children.
There is no specific statutory time limit, but it is advisable to seek legal advice and act without undue delay to avoid complicating the case.
Documents may include marriage certificates, evidence supporting the annulment grounds, and identity proof.
Yes, once an annulment is granted, legally you are considered as never having been married, so you may remarry subject to meeting general legal requirements for marriage.
If denied, your marriage remains legally valid. You might consider seeking a divorce, for which you should consult your lawyer for further advice.
For further guidance, consider consulting the following resources:
If you believe you may have grounds for an annulment, it's advisable to take the following steps:
Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Annulment, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Australia — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
Refine your search by selecting a city.
