A Melbourne woman has recently had her marriage annulled following her discovery that what she believed to be a prank wedding to boost the groom’s social media profile, was in fact, real.
After only three months of dating, the groom proposed to the bride in December 2023. The following day he convinced her to attend a “white party” in Sydney. When the bride arrived at the venue she was met with a rude shock as no one was in attendance apart from herself, the groom, a photographer, the photographer’s friend, and a celebrant.
The groom assured her that it was merely a prank to boost his Instagram following, which the bride reluctantly accepted. The woman discovered the legally binding nature of the wedding when the groom requested that she add his name to her permanent residency application to assist in his own application for permanent residency.
In October 2024, the bride applied to nullify the marriage and a Melbourne Federal Circuit and Family Court of Australia Judge granted the annulment, accepting that the bride was tricked into marrying the groom for the purposes of his migration status in Australia.
This intriguing story sheds light on the importance of declarations of nullity in our legal system to protect parties from becoming legally bound in illegitimate marriages.
What is an annulment?
An annulment, also known as a declaration of nullity, is a finding that there was no legal marriage between parties. When a marriage is annulled, the marriage is not ended in the same way as a divorce, rather it declares that the marriage is void under section 51 of the Family Law Act 1975 (Cth).
How can a marriage be annulled?
Marriages can be declared invalid on any of the following grounds:
- one or both of the parties were already married at the time;
- the parties are in a prohibited relationship, such as the parties are related;
- one or both of the parties were under-age and did not have the necessary approvals; or
- one or both parties did not consent to the marriage because:
- consent was obtained by duress or fraud;
- one party was mistaken as to the identity they were marrying or the nature of the ceremony; or
- one party was mentally incapable of understanding the nature and effect of the marriage ceremony.
Other qualifications required to apply for an annulment include that one or both parties:
- are an Australian citizen;
- live in Australia and think of Australia of your permanent home; and
- usually live in Australia and have done so in the past 12 months before the annulment application.
What is not a reason for annulment?
A marriage cannot be annulled on the following grounds:
- The marriage has not been consummated.
- The parties have never lived together.
- Family violence.
- Incompatibility between the parties.
Common misconceptions about annulments
- Misconception: It is the fast and easier alternative to divorce with less requirements.
- Truth: The process to be granted annulment can be difficult and the requirements are restrictive; it is not easy.
- Misconception: Both parties must agree to the annulment.
- Truth: No, one party can file for nullity without the consent of the other.
- Misconception: It is a free process.
- Truth: The current filing fee for an application for a decree of nullity is $1560 and the reduced rate is $520.
- Misconception: There is a time limit for when you can apply for an annulment.
- Truth: In Australia, there is no time limit for applications for annulments, parties only need to prove the marriage was not considered legal due to its circumstances.
- Misconception: An annulment will also decide custody arrangements and property settlements.
- Truth: Just like a divorce, an annulment is the legal process of decreeing the marriage void due to its circumstances. Custody arrangements and property settlements are their own separate legal processes.
Nicholes Family Lawyers have expertise advising and representing parties in matters involving annulments. If you are unsure whether you can apply for a declaration of nullity, please contact our office at 03 9670 4122 to arrange an initial consultation.