In January 2025, multiple news sources published a curious story about a woman who successfully annulled her marriage. She sought a declaration of nullity on the basis that she was not aware she was entering a legal marriage.
A brief summary of the facts are as follows:
1. The parties met on an online dating platform around September 2023 and commenced a relationship (the extent of which was in dispute).
2. The applicant believed that the respondent was a social media influencer.
3. The applicant told the Court that in December 2023, she and the respondent visited Sydney together. The respondent told her to bring a white dress, as they would be attending a ‘white party’.
4. The night before the white party, the respondent gave the applicant a diamond ring and proposed to her.
5. The next day, she was surprised that the ‘white party’ was actually a wedding organised by the respondent. This was described as a ‘prank’ to the applicant, to promote the respondent’s social media.
6. The ceremony was filmed, and the parties participated in a seemingly traditional ceremony.
7. Later, the respondent asked the applicant to include him in her application for permanent residency on the basis that they were spouses. The applicant asserts that the respondent said he had organised the marriage to help him.
8. The applicant subsequently obtained a copy of the marriage certificate; and applied to the Court seeking to void the marriage.
The Court ultimately accepted the woman’s evidence that her consent to marry was not real consent, on the basis that she was mistaken as to the nature of the ceremony performed. The applicant believed that she was participating as an actor in a video of a marriage ceremony for the respondent to use on his social media.
The Federal Circuit and Family Court of Australia has the power to determine whether a marriage was legal, or whether the marriage was invalid.
The Court is only able to grant a decree of nullity in limited circumstances. Section 23 of the Marriage Act 1961 (Cth) sets out the grounds on which a marriage is void, which includes:
1. If a party to the marriage was already lawfully married to another person at the time of marriage;
2. If the parties are in a prohibited relationship (i.e. the parties are siblings); or
3. If a party to the marriage did not provide real consent, because:
a. The consent was obtained by duress or fraud;
b. That party was mistaken as to the identity of the other party or the nature of the ceremony performed;
c. That party was mentally incapable of understanding the nature and effect of the marriage ceremony; or
d. Either of the parties was not of a marriageable age.
To seek a declaration of nullity, you must file an Initiating Application setting out the orders you seek, and an Affidavit setting out the facts you rely on to annul the marriage and the details of the type of marriage ceremony performed.
Should the Court accept that the marriage is void, it will issue a decree of nullity. This is an order which establishes that there was no legal marriage between the parties, notwithstanding the possibility that a marriage ceremony took place.
The decree of nullity becomes effective immediately, once granted.
If you are concerned that you may have entered into a legal marriage but one of the circumstances set out above applies to you, you should seek legal advice from a lawyer who specialises in family law. You can make an appointment with one of our experienced family lawyers at Robinson + McGuinness. To arrange an appointment by email contact us at info@rmfamilylaw.com.au or call us on 02 6225 7040 or get started now online.
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