Are you someone who has recently been married? Did you only realise at the end of the celebrations that this in fact is not a dream, and you are definitely married to that man or woman who keeps looking at you endearingly? Or perhaps your friend’s uncle (or two) has presented a speech that sounds more like a “have a nice holiday, welcome to our country”, rather than a “welcome to our country and family” spiel? Let’s learn more about marriage mistake.
In the event that you were married in a remote country and had no understanding of the language or rituals, you can ask the Courts for an annulment once you were safely home in Australia, with or without your spouse.
The legislation also allows for the Court to annul a marriage where the applicant has:
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Been induced or tricked into a ceremony without their knowledge of the ceremony, or
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Coerced, and the duress led the person to enter into the ceremony against their free will.
There are cases which support the above positions, where culture and family pressure has put the person in a position where they had no other choice but to go through with the marriage.
However, a person entering into a marriage should be aware that even if the marital bed may not have been shared since the wedding ceremony, this scenario will not be regarded as sufficient reason to annul the marriage.
The Court has made Orders to state a marriage has never existed by “nullifying” the ceremony and the proceeding marriage contract entered into by the parties to solemnise, the ceremony when:
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One party is legally married to another at the time of the ceremony;
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You are related by being a sibling, parent, including adoptive children and step children grandchild, niece or nephews, however, cousins are acceptable; or
However, if you believe the person you married had an ulterior motive to marry you and it wasn’t your captivating personality and good looks that led to your vows, your marriage is valid.
As stated above if you were tricked into the ceremony but not tricked into the marriage and then that marriage does not reach your expectations, no matter how low your expectations are, , it cannot be annulled.
If you do wish to end your marriage because you believe you have made a grave mistake and do not want to spend the rest of your life with this person, do not hesitate to contact us on 07 5679 8016 for advice on your options.