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Since 1975, Australian law provides only for void marriages. Before 1975, there were both void and voidable marriages. Today, under the Family Law Act 1975 (Cth.) a decree of nullity can only be made if a marriage is void. [22] A marriage is void if: [23] [24] [25] one or both of the parties were already married at the time (i.e. bigamy)
Defect of contract: If it was not a marriage that was contracted, such as if there was a defect of intent on either side. This can occur if either party lacked the intent to enter into a lifelong, exclusive union, open to reproduction. In the Church's understanding, the marriage contract can only be between a woman and a man.
A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, [1] or an annulment may be required to remove any legal impediment to a subsequent marriage. [2]
Hereupon filing a petition by anyone spouse before the Court of law a decree of nullity is passed declaring the marriage as null and void. A valid marriage can be dissolved by a decree of dissolution of marriage or divorce and Hindu Marriage Act, The Divorce Act and Special Marriage Act allow such a decree only on specific grounds as provided ...
The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage , which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage.
The Marriage Act 1949 and Matrimonial Causes Act 1973 set out conditions for a marriage ceremony to be recognized as valid, void, voidable or outside the Marriage Acts. A valid marriage satisfies all the conditions in the Marriage Acts; [3] the parties may benefit from all the legal consequences such as equitable division of property and pension sharing. [4]
The annulment, which renders a marriage null and void, can be sought on the basis of “adultery, pressure to marry, failure to consummate a marriage through vaginal intercourse, or a refusal to have children,” among other reasons. [40]
The second clause stated that, if the partners getting married were not male and female, then the marriage was void. The third clause states that epilepsy attacks at the time of marriage was no longer a valid reason for annulment. The act only applied to marriages if there had been a marriage ceremony. The act came into force on 1 August 1971. [1]