In certain circumstances a party may apply to the Family Courts for a decree of nullity of marriage. Though limited, the circumstances in which a party may be granted such a decree, are when there is one or more grounds that the marriage is void (see Section 51 Family Law Act 1975). These grounds include:

Where it is a marriage that took place after 20 June 1977 and:

  • either of the parties was, at the time of the marriage, lawfully married to some other person (see Section 23B Marriage Act 1961);
  • The parties are within a prohibited relationship (such as related in a certain way);
  • Consent was not considered ‘real consent’ (see Section 23 Marriage Act 1961).
  • Either of the parties is not of marriageable age (e.g 18 years).