A decree of nullity is an order from the family court that states that there is no legal marriage between two people, even if a marriage ceremony has taken place. It is the Australian equivalent of getting an annulment.
The court will only grant a decree of nullity in limited circumstances, including:
When one of the parties was already married to somebody else at the time the new marriage took place
The people involved are in a prohibited relationship. This usually refers to couples who are related by blood.
The parties involved did not follow the appropriate laws applicable to the place where they were married.
Either person was not of legal age.
Either party did not give their true consent to the marriage because:
Consent was obtained by fraud
One person was mistaken as to the identity of their spouse or the nature of the marriage ceremony.
A party was mentally incapable of understanding the implications of the marriage ceremony.
The family court will not declare a marriage to be void if the following reasons are given: family lawyers in Australia
The marriage has not been consummated.
The parties involved have never lived together.
There is an instance of family violence; or
There are compatibility issues.
In regards to consent, the court will assess whether the parties consent was gained through duress or fraud, and if so, whether it affected their ability to truly understand the nature of the marriage ceremony.