Annulling a Void Marriage

A decree of nullity of marriage can only be made when a marriage is void.

Under the Marriage Act 1961, a marriage may be void where:

  • Either of the parties is, at the time of the marriage, lawfully married to some other person;
  • The parties are within a prohibited relationship;
  • The marriage is not a valid marriage
  • The consent of either of the parties is not a real consent because:
    • It was obtained by duress or fraud
    • A party is mistaken as to the identity of the other party or as to the nature of the ceremony performed
    • A party is mentally incapable of understanding the nature and effect of the marriage ceremony
    • Either of the parties is not of marriageable age

Family law matters can be very complex. We therefore recommend you seek legal advice from one of our very experienced Perth family lawyers. We invite you to discuss your particular matter with our Legal Practitioner Director, Ms. Shannon Bodeker, who has been working in family law for over 20 years.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment. We get to know you and your family law matter before we meet.

Please note this is not family law advice. It is important to seek advice specific to your circumstances. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding Family law matters.

Email our Legal Practitioner Director, Shannon Bodeker at, for your complimentary pre-read and first appointment at a reduced rate.

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