How to get an annulment in NSW? Relationships, like life itself, can take unexpected turns. Sometimes, those turns lead couples to the difficult decision of ending their marriage. In New South Wales (NSW), there are two distinct legal paths available: divorce and annulment. Each serves a different purpose and has its own set of requirements.
In this article, we will talk about how to get an annulment in NSW. But if you want to know about divorce, we also have plenty of articles tackling divorce:
- Divorce Checklist Australia
- Divorce Laws
- Divorce Application Forms
- Divorce Mediation
- How to Get a Divorce in Australia 2023 Guide
- Divorce Property Settlement Australia
- Divorce Papers Australia: What do You Need
- How to Initiate Divorce Filing in NSW?
What’s an Annulment?
Before we proceed to the step-by-step process of how to get an annulment in NSW, let us first discuss what an annulment is.
In New South Wales, an annulment is a legal declaration that a marriage never actually existed. Unlike a divorce, which legally ends a valid marriage, an annulment treats the marriage as invalid from the beginning. This means that, if successful, the marriage is erased from a legal standpoint.
In legal terms, annulment is known as a nullity or declaration of nullity (invalid marriage). The Marriage Act 1961 provides for the grounds on which marriages are void:
- Either of the parties was, at the time of the marriage, lawfully married to some other person.
- The parties are within a prohibited relationship.
- Marriage is not solemnised under section 48 conditions.
- A party obtains consent through fraud or duress.
- Mistake of identity of the other party.
- Mistake of the nature of the ceremony performed.
- Either of the parties was not of marriageable age.
Prohibited Relationships
Prohibited relationships refer to those where legal marriage or de facto partnerships that the law disallows due to the following grounds. Under section 23 of the Act, these relationships are those:
- Direct ancestors or descendants. This includes parents, grandparents, children, grandchildren, and so on, regardless of whether the relationship is biological or through adoption.
- Siblings. This includes full siblings, half-siblings, and adopted siblings.
Any relationship mentioned above can be traced back to or through an individual who is or was an adopted child. For this reason, the relationship between an adopted child and their adoptive parent or each of their adoptive parents will be considered as having been the child and parent’s natural relationship.
How to Get an Annulment in NSW?
Section 51 of the Family Law Act 1975 states that a party may make an application for a decree of nullity of marriage. Moreover, such application must include the basis that marriage is void. Here’s a step-by-step process of how to get an annulment in NSW:
Preliminary Steps
- Form. Fill out the Initiating Application (Family Law) form.
- Affidavit. Execute an Affidavit stating the following:
- The facts relied on to have the marriage annulled
- Whether the respondent resides in or outside Australia at the time of filing, and
- Details of the type of marriage ceremony performed, including time, place and form.
- Marriage certificate. Attach a copy of marriage certificate, unless there is already on file.
Filing and Service
- Filing fee. Pay the filing fee of AUD 1,505. You are eligible for a reduced fee of AUD 500 if you hold certain government concession cards, or you can demonstrate financial hardship.
- Filing to court. You can only submit your application by post, in person, or by email to the closest court location to you. (For NSW)
- Special service. Serve the papers on the respondent to the application. The application must be served as soon as practicable by special service. Include these documents:
- Setting of the hearing date. Upon filing the Initiating Application (Family Law) and supporting documents, the Court will fix a date as soon as practicable for the first Court event.
- Respondent’s response. A respondent must file a Response to Initiating Application if he or she consents to or opposes any of the orders sought by the applicant. This must include an affidavit that sets out any facts you (the respondent) rely upon in opposing the application for nullity.
- Hearing day. The applicant and the respondent must attend the first Court event, either in person or by electronic means unless otherwise directed by a Judge or Judicial Registrar.
How to Get an Annulment in NSW: FAQs
You might have some questions in mind right now. Here are some FAQs relevant to the topic on how to get an annulment in NSW:
Clarifying the Process: Key Questions Answered on Annulment in NSW
- Q: Who can apply for a decree of nullity in NSW?
A: At least one party must be an Australian citizen, domiciled in Australia, or ordinarily resident in Australia for at least 12 months before applying.
- Q: Can we get a decree of nullity if we’re already divorced?
A: No, a decree of nullity cannot be granted after a divorce. Moreover, section 52 of the Family Law Act states that where both an application for a decree of nullity of a marriage and an application for a divorce order in relation to that marriage are before a court, the court shall not make a divorce order in relation to the marriage unless it has dismissed the application for a decree of nullity of the marriage.
- Q: How do I prove my grounds for marriage annulment?
A: You may need to provide evidence like marriage certificates, documents supporting your claim, and witness statements. Consult a lawyer for specific advice.
- Q: Do I need a lawyer for a decree of nullity?
A: While not mandatory, it’s highly recommended to consult a lawyer specialising in family law. They can ensure you meet eligibility requirements, handle legal complexities, and represent you in the family court.
- Q: How long does the process take?
A: The timeframe varies depending on the complexity of your case and potential federal circuit and family court hearings. Consult a lawyer for an estimated timeline.
- Q: How does a decree of nullity affect financial matters like property division and superannuation?
A: Unlike divorce, a decree of nullity treats the marriage as never legally valid. This can have specific implications for financial entitlements. Speak to a lawyer for detailed advice.
Applying for a Decree of Nullity in NSW?
The intricate legal process of annulment requires careful consideration and expert guidance to ensure a smooth and successful outcome. Thus, hiring a qualified family lawyer from JB Solicitors can be your key to going through your annulment case successfully.
We can explain more about how to get an annulment in NSW and relate our discussion to your specific situation. Moreover, we can also provide the personalised guidance and unwavering support for other family law matters like:
- Family violence
- Property settlement
- Divorce
- Forced marriage matters.
Contact us today if you need with your annulment application.
