Annulments

If your marriage isn’t considered valid by law, you can apply for a ‘decree of nullity’—also known as an annulment.

When you need legal advice

You may need legal advice if you think your marriage isn’t considered legally valid and you want to apply to the Federal Circuit and Family Court of Australia for an annulment.

How to get legal advice

What is an annulment?

A marriage is declared to be annulled when the law doesn’t recognise it as legally valid.

This is different to religious procedures for annulment. Contact your church or religious institution for more information about church granted annulments.

If a marriage is valid and you wish to end it, you can apply for a divorce.

Is my marriage valid?

A marriage isn’t legally valid if:

  • either person was married at the time of the marriage (bigamy)
  • the relationship between the people prohibits marriage (For example, relationships between a brother, sister, parent, grandparent, child or grandchild, including adopted children and half relations but not step relations)
  • either person wasn’t old enough to marry (18 years unless you have a court order)
  • the ceremony wasn’t valid (e.g. unqualified celebrant or incorrect paperwork)
  • either person didn’t give their real consent—for example:
    • they weren’t mentally capable of giving consent
    • they were mistaken (e.g. as to the identity of the other person or the ceremony’s nature)
    • there was duress or fraud, such as misrepresenting who you are or using threats or force to get consent.

Applying for an annulment

To apply for an annulment, you’ll need to make an application to the explaining why the marriage isn’t legally valid. If approved, the court will issue a decree of nullity.

Fees and costs

There will be a court filing fee, but you may apply to the Family Court of Australia to have this reduced in certain situations.

Find out more about reduced fees

You should discuss any legal costs with a lawyer. Applying for a decree of nullity can be complicated and expensive.

How to get legal advice

We can’t help with religious annulments. Contact your church.

We may be able to give legal advice about whether your marriage is legally valid.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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