Family Law: Annulment (noun)

Annulment (noun): a declaration made by a judge that no legal marriage ever existed between the parties in question.

 The terms annulment and divorce are often used interchangeably in layman’s speak. However, in legal terms, they concern very different circumstances.

 As explained in our blog post here regarding ‘irreconcilable differences’, a divorce is granted to when two people who are married have differences which cannot be overcome and feel that there is no reasonable likeliness that they will resume a relationship. Divorces can be granted relatively easily and the courts will not often inquire into the circumstances of the separation unless one party gives them reason to do so.

 In contrast, an annulment says that no valid marriage existed in the first place due to the fact that the marriage failed to meet the requirements for a valid marriage. Some examples of where this may occur include:

• Where one of the parties to the marriage was under 18 and the special requirements for the marriage of minors has not been met;
• Where one party was tricked or forced into marrying the other;
• Where one party did not understand the marriage ceremony and the contract they were entering into;
• Where one party was already married to someone else; or
• Where parties are close relatives (eg. Parents, grandparents, siblings, children).

 Annulments are granted less frequently than divorces since these circumstances are less common. However, where a forced marriage has occurred, the willing party, relatives and marriage celebrant who arranged the marriage may be subject to criminal penalties.

 If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

More from the blog:

Family Law: An introduction to our jargon guide

Family Law: Back to Basics: The requirements for divorce

family law property settlement, family law and parenting, divorce, family law property settlement in NSW, legal jargon, understanding family law