Having a marriage annulled in Australia is the process of a judge deciding that a marriage was not ever legal, and therefore is void. An annulment is not a divorce.

If you are seeking an annulment, you should seek legal advice – contact Vanessa Ash. You must fit into certain criteria before an annulment will be granted.

     Trickery, mistaken identity, coercion
You may have been tricked or forced into marriage (and therefore did not consent). This can happen if your partner tricked you by identity, you didn’t understand the nature of the ceremony, or one of you did not have the mental capacity to understand what was going on.

Threats or coercion are also valid reasons, but the fear must be real, as in, any reasonable person would feel the same. Fraud must be regarding identity or nature of the ceremony.

     Legalities of the ritual – no, you can’t marry minors or your relatives
There are certain legal regulations that must be followed in marriages. A clergy or registered celebrant must conduct the ceremony, paperwork must be filed regarding ‘notice of intended marriage’, both parties must be over 18, and two witnesses must be present at the ceremony (adults).

Sometimes these or other regulations aren’t met, for example one partner was too young, one person was already married (bigamy), or the marriage is to someone too closely related to you – a parent, grandparent, child, grandchild or sibling is forbidden marriage material.

     How to apply for an annulment
You can apply on the day of, or any day after, the ceremony. One party must be an Australian citizen, one partner must live in Australia and consider it their permanent home, and one party must ordinarily live in Australia – and have lived here for the immediate 12 months prior to the application.

     Step 1
Fill out the annulment application form and the affidavit.
     Step 2
File the document, and serve them to your ex-partner.
     Step 3
The other person has a chance to file and serve documents, within 28 days. If they choose not to respond, the court can go ahead without their input.
     Step 4
A hearing is held and the judge will make a decision based on the evidence presented.

Catholic, Islamic and Jewish annulments require more work

• Catholic – annulment is a lack of consent regarding the wedding vows, and considerations are made regarding these.
• Islam – a woman must obtain her husband’s permission to request an annulment. A woman is still bound to a man in Islamic law, despite a legal Australian civil divorce, unless the man agrees.
• Jewish – Jewish courts rarely certify an annulment, and requires a fault in the formalities or ceremony or misrepresentation by one party.