Annulment for Previous Marriage

divorce lawyer

A marriage may be void if at the time, either party is legally married to another person.

In Song and Huang [2016] FamCA 78, the applicant was previously married overseas and mistakenly believed the divorce had been finalised. She then married the respondent in Australia, not realising she was still legally married.

Once the divorce was truly finalised, she applied for the new marriage to be annulled so she could legally remarry in Australia.

The court granted a decree of nullity, acknowledging that the applicant’s previous marriage was still valid at the time of the new one, making the new one void.

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.