How to Get a Marriage Annulment: The Australian Process

March 27, 2024    divorcelawyersperthwa
How to Get a Marriage Annulment: The Australian Process

While divorce is an option in Australia, many people go for marriage annulment to nullify their marriage. Many often confuse why marriage annulment is required when there is the choice of divorce. This is why it is important to note the definitions of marriage annulment vs divorce.

It comes under Section 51 of the Family Law Act 1975, where the Australian court requires a degree of nullity to declare an annulment of marriage with the help of separation lawyers.

Certain conditions go under applying for nullifying a marriage. The most basic one is that both spouses consenting to marriage annulment must be Australian citizens. If you want to know more about the process, divorce lawyers in Perth can efficiently handle such cases.

Divorce and Marriage annulment: How do they differ

In any couple disagreements, the marriage annulment governed by the Family Law Act comes into play. While some may question that annulment is similar to divorce, some factors make them different.

Divorce is the legal process of ending a legitimate marriage that has its validity in law. Married partners who have been married for more than 2 years can only ask for a divorce along with proof that they have not been together for more than 12 months.

On the other hand, the annulment of marriage is legally conducted to prove the illegitimacy of the marriage. The marriage must be nullified if any marital partnership between the concerned individuals goes against Australian laws.

Grounds for Annulment

Several reasons can be responsible for nullifying a marriage. However, to apply for annulment of marriage, both of the partners must be citizens of Australia. The grounds for annulment are as follows:

  • The couple must be domiciled in Australia or be an Australian resident for 12 months or more.
  • Australian law goes against incestuous marriages. The marriage will not be legitimate if any married couple is found to be related, whether full-siblings or half-siblings.
  • Since bigamy is a criminal offence, only two people can be tied in matrimony. If either or both partners are found to be marrying another person while being married, their marriage must be nullified.
  • Both of the individuals willing to marry must be over 18 years old. If one of the individuals is below 18 years old while the other is an adult, it is considered a criminal offence.
  • Marriage has to be consensual. If one or both parties did not consent to their marriage, they can apply for annulment of marriage. However, the consent must be genuine and not through sketchy or fraudulent actions.

How to Apply for Annulment of Marriage

After fulfilling the grounds of annulment, you must look into applying and getting it granted. Ensure that your conditions are validated by at least one of the grounds for annulment. Seek guidance from the best divorce lawyers in Perth and apply as soon as possible.

Follow the process and collect all documents required to nullify your marriage.

  • Fill out the decree of nullity form.
  • Keep important documents ready, including photocopies of your marriage certificate and the grounds for the annulment.
  • Submit the form to the Federal Circuit and Family Court of Australia.
  • Wait for the court to approve your application and move forward accordingly.

However, others can always challenge your application by filing their application as a response to yours. In case of any such complications, you can take the help of efficient and experienced marriage annulment lawyers in Perth.


Marriage annulments and separations take a toll on the mental health of everyone involved. To make it easier, divorce separation lawyers will guide you through the process while informing you about the nuances of the separation law.
Learning whether your condition calls for divorce or annulment is also important. Go through the grounds of marriage nullification and ensure your situation matches at least one of the grounds mentioned. Also, it would help if you got ahold of the proofs and important documents required.

Seeking legal advice is also suggested to combat the possible challenges you may face, like contests to your application or rejection of your application. So, make sure you have the best legal experts by your side to help you sail through the process.

REQUEST A QUOTE NOW! Complete the form below for a fast response

  • Outstanding Divorce lawyers in Perth.Fair, realistic and practical. Most importantly knows how to fight for clients when a more aggressive approach is necessary. Divorce Lawyers Perth have deep understanding of law. Thanks and recommending couples seeking divorce.

    Steven Smith
  • Very Professional and helpful in my Case. Thank you Divorce Lawyers Perth WA for the Support, expertise and guidance through my divorce process. 100% recommended in Perth area.

    William Watson
  • Highly recommended divorce lawyers Perth. Very knowledgeable, calm , methodical and they took away my friend lot of frustration & stress throughout the case . I must say they are best divorce lawyers in Perth.

    Prabhjeet singh Pannu
  • Working with Divorce Lawyer Perth WA was a smooth and seamless process. I was highly impressed with the negotiation skills, attention to detail, and knowledge of the Divorce law. Highly recommended Divorce Lawyer in Perth, Western Australia

    Uttama Kanwar
To Make An Appointment Call Us At (08) 6245 1263
Divorce Lawyers Perth WA Address
Copyright © Divorce Lawyers Perth.
All Rights Reserved
Enquire Now
Call Us Now