Marriage annulments in Australia are governed by the Family Law Act. A decree of nullity orders that there was no legal marriage even if a marriage ceremony took place. An annulment considers the marriage void, and there is no requirement for any separation time-frame, although annulment proceedings may be contested, making Taylor & Scott’s legal assistance highly advisable.
A divorce ends a legally valid marriage, whereas an annulment treats a marriage as if it didn’t happen. Annulments are granted only by the Family Court of Australia declaring a marriage to be invalid, although issues related to child custody, child support and division of assets may still apply. There are limited situations where an annulment can be sought from the Family Court, namely:
Every situation is different, and choosing between divorce, annulment or legal separation can get confusing. Your personal circumstances will dictate some decisions as the grounds for annulment are limited and separation or divorce may be the only options available. In the case of annulment, it’s best to apply as soon as possible to avoid legal complications. Taylor & Scott family law experts are on hand to assist with your enquiries and can provide advice that will save you time and money.
Commencing an application for annulment is quite simple, with the legal documents served on the respondent involved in the application. It’s not unusual at this point for the respondent to contest or dispute allegations related in the application. Separation is never easy, even in an annulment, but Taylor & Scott are on hand to guide you through every step of the process and get the result you deserve. With solid legal representation on your side, you can continue regular work and social functions without stress, even if the other person intends to contest your annulment application.
Your application for a decree of nullity is filed using an Initiating Application. Three copies are filed along with copies of your marriage certificate and an affidavit with facts as asserted related to the annulment. Details of the marriage ceremony performed may also be requested. Additional documents to be served alongside the Initiating Application form will be outlined during your consultation with a Taylor & Scott Lawyer.
If the other person intends to contest the application, they will need to file a Response to an Initiating Application, together with an affidavit that includes their own asserted facts that oppose your application. The situation can become convoluted, but Taylor & Scott Lawyers easily discern fact from fiction in support of your case. In general, annulments progress smoothly, with both parties accepting that a mistake has been made, but with relationships becoming almost transient these days, it’s not surprising that complications do arise, and the assistance of legal expertise can become a financially astute move.
Annulments usually arise from short-term voidable marriages. There are no time limitation periods requiring a person to commence proceedings, but the quicker the better. The court will do its best to list matters as quickly as possible, but delays can be expected noting the volume of other types of applications filed in other proceedings and only a limited number of judges being available to cater for all those matters.
Exceptions to the above may be possible, particularly in situations where children, property and assets are in contention, or extended legal investigation of circumstances is required. In every case, it’s best to get in touch with Taylor & Scott at your earliest convenient time. Your initial consultation will be the introduction to an established working relationship that lasts for the duration of your annulment case, and we are always on hand for guidance and support that get you through difficult times.
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