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What is a nullity? Can I have my marriage nullified instead of going through divorce?
Nullity is an invalidation of the marriage. While divorce takes a marriage and terminates it, nullification basically erases the marriage, as if it never existed. But you can’t pick between nullity and divorce.
The Marriage Act, 1961 (give link to the law) lists the reasons for a marriage to be voided (Section 23):
(i) Bigamy: One or both partners were already married at the time or;
(ii) Prohibited: relationship :(ie brother and sister) or;
(iii) Underage: One or both partners were under age (18 at the time of the marriage) and did not receive the approvals required by law or;
(iiii) One or both parties were:
- forced into the marriage under duress or fraud or;
- mistaken regarding the identity of the person they were marrying or the nature of the ceremony or;
- mentally incapable of understanding the nature of the marriage ceremony or the effect of the ceremony.
If there is both a request for a nullity and a request for a divorce, the court will not grant the divorce unless it has first dismissed the nullity request.
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AFFILIATES
Vanessa Mathews
Managing Director FDRP and Mediator
BCOMM BSW LLB
Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator
Vanessa Mathews is the founder and managing director of Byron Bay Family Law & Mediation Specialists, and has the rare combination of social work qualifications and experience, combined with nearly 20 years’ experience as a lawyer and mediator; it makes her approach to resolving legal relationship issues both sensible and sensitive.
She is a fully accredited family law specialist, mediator, family dispute resolution practitioner and parenting coordinator with a commerce degree – adding a financially astute aspect to her practice.
Vanessa has extensive experience in complex issues that arise from relationship breakdown, and works in partnership with her clients,
who regularly describe her as empathetic
Vanessa is an active member of the family law profession and
a member of the:
- Law Institute of Victoria, Family Law Section
- Law Council of Australia, Family Law Section
- Resolution Institute
- Australian Institute of Family Law Arbitrators and Mediators
- National Mediation Accreditation System
- Relationships Australia Family Lawyers Panel
- Fellow of the International Academy of Family Lawyers
- Relationships Australia / Federal Circuit Court ‘Access Resolve’ Mediation Service
- Relationships Australia ‘Property Mediation’ Service
Vanessa and Byron Bay Family Law & Mediation Specialists
are regularly recognised as a ‘Leading Victorian Family
Lawyer’, ‘Recommended Family Law Mediator’ and a
‘Leading Victorian Family Law Firm’ by Doyle’s Guide to
the Australian Legal Profession.
Get Started With Vanessa
Book A Free Consult
Vanessa Mathews
Managing Director FDRP and Mediator
BCOMM BSW LLB
Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator
Vanessa Mathews is the founder and managing director of Byron Bay Family Law & Mediation Specialists, and has the rare combination of social work qualifications and experience, combined with nearly 20 years’ experience as a lawyer and mediator; it makes her approach to resolving legal relationship issues both sensible and sensitive.
She is a fully accredited family law specialist, mediator, family dispute resolution practitioner and parenting coordinator with a commerce degree – adding a financially astute aspect to her practice.
Vanessa has extensive experience in complex issues that arise from relationship breakdown, and works in partnership with her clients,
who regularly describe her as empathetic
Vanessa is an active member of the family law profession and
a member of the:
- Law Institute of Victoria, Family Law Section
- Law Council of Australia, Family Law Section
- Resolution Institute
- Australian Institute of Family Law Arbitrators and Mediators
- National Mediation Accreditation System
- Relationships Australia Family Lawyers Panel
- Fellow of the International Academy of Family Lawyers
- Relationships Australia / Federal Circuit Court ‘Access Resolve’ Mediation Service
- Relationships Australia ‘Property Mediation’ Service
Vanessa and Byron Bay Family Law & Mediation Specialists
are regularly recognised as a ‘Leading Victorian Family
Lawyer’, ‘Recommended Family Law Mediator’ and a
‘Leading Victorian Family Law Firm’ by Doyle’s Guide to
the Australian Legal Profession.
Get Started With Vanessa