A decree of nullity is a finding that the marriage was void, that there never was a valid marriage.

A divorce is the ending of a valid marriage. There is only one ground, irretrievable breakdown, and this can only be proved by 12 months separation.

A decree of nullity is a finding that the marriage was void, that there never was a valid marriage. Such a decree can only be made on a certain number of specified grounds:-

• Section 51 of the Family Law Act says that An application under this Act for a decree of nullity of marriage shall be based on the ground that the marriage is void.

A marriage is void if a marriage ceremony is entered into but is considered not to be a marriage. Section 23B of the Marriage Act sets out the grounds upon which marriages are void, and they are exhaustive.

What grounds constitute a decree of nullity?

The Court may declare a marriage invalid on the following grounds:

• At the time the parties were married, one of them was married to someone else.
• The parties are in a prohibited relationship.
• The parties did not comply with the laws in relation to the marriage in the place they were married.
• Either party was not of a legal age to marry.
• Either of the parties did not give their real consent to the marriage because:

• • consent was obtained by duress or fraud,
  • one party was mistaken as to the identity of who they were marrying or the nature of the ceremony,
  • one party was mentally incapable of understanding the nature and the effect of the marriage ceremony.   

The Court will NOT declare a marriage invalid on the following grounds:

• Non-consummation of the marriage
• Never having lived together
• Family violence or
• Other incompatibility situations.

Your lawyer can assist in all matters involving marriages, separation, divorce, annulment, de-facto issues, and same sex partnerships.