Annulment and Divorce

LAC Divorce Lawyers are experienced compassionate divorce lawyers who will fight to protect your interests in the event of divorce. Our Divorce Lawyers are knowledgable and experienced when it come to negotiatng and dealing with all aspects of Divorce proceedings. Rest assured LAC Divorce Lawyers will relentlessly pursue your rights.

If you believe that your marriage was invalid, you can apply to the Court for a decree of nullity. This decree will declare your marriage void from the outset. In order to obtain a decree of nullity, one of the following grounds must be established:

Polygamy and bigamous marriages

Bigamy occurs when one or both parties of the marriage were already married to somebody else, at the time of the marriage. Whilst a polygamous marriage lawfully conducted outside Australia may be recognised, an attempt to create a polygamous marriage in Australia will be void and may constitute the federal crime of bigamy.

Prohibited relationships

Pursuant to the Marriage Act (Cth) 1961, it is prohibited to marry an ancestor or descendant, or a brother or sister, regardless whether or not the sibling is whole or half blood relative, or adopted. However, marrying a first cousin is not prohibited in Australia.

Non-compliance with formalities

In circumstances where requisite formalities were not followed, for example the marriage ceremony was not valid as the marriage celebrant was unqualified and both parties were aware, or paperwork was incorrect.

Arranged marriages

Although Australian law does not require a marriage partner to be known to or be chosen by the individual, Australian courts are reluctant to uphold a marriage if one or more parties have been forced into the marriage, against their will.

Fraud and mistake

If one or both parties to the marriage did not properly consent to the marriage, a person may be able to establish fraud or mistake. Examples may include: 

• A party was mistaken to the identity of the other party, or the nature of the ceremony; or
• Threat, coercion or force was used to obtain consent; or
• Misrepresentation in respect of the real identity of one of the parties to the marriage:

Incapacity

Incapacity may be satisfied if one or both parties to the marriage were mentally incapable of understanding the nature and effect of the marriage ceremony; or if one or both of the parties were not of marriageable age, being 18 years of age.

Nullity applications can be more complex and difficult to obtain than divorce. Therefore, it is important that you consult our Family Law Solicitors for assistance in the early stages, so that they may valuate all the legal matters one party can raise in Court, particularly if there is a child concerned.

If you need advice on your divorce or are contemplating a divorce our expierenced divorce lawyers would be more than happy to talk to you.

 

Annulment and Divorce Articles

Family Law - Hidden Assets: How can the law protect you?

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
Obtaining a property settlement due to divorce can be a very complicated procedure which often causes great angst and stress amongst all parties involved. Our Family Law Solicitors understand that as a result, people are often led to hiding their assets, in order to ensure that their former partner does not receive a just and equitable amount. However, this is a breach of their statutory obligations to make a full and frank and disclosure and our Family Law Solicitors will ensure that all information are brought to the table by your former spouse.

Family Law - Property Financial Statements

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
In financial cases, parties are required to file a financial statement with their initiating application. A financial statement contains a detailed summary of an individual's financial condition. The parties must also file an amended financial statement later in the proceedings if their circumstances change.

Family Law - Property Settlement Proceedings

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
The parties to the marriage are under a legal obligation, under the Family Law Rules, to try and resolve and differences between them by way of an alternative dispute resolution (ADR). ADRs may include negotiation, family counseling, conciliation or arbitration. In the event that ADR is unsuccessful, try writing to the other party, setting out your claim and perhaps making proposals for settlement.

Annulment and Divorce FAQs

Annulment and Divorce Lawyers

Annulment and Divorce Experience

Annulment and Divorce Links