Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Marriage annulment

What to do if you need to apply for a marriage annulment.

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Marriage annulment is when a judge decides that a marriage was not legally valid. Annulment is also known as ‘a declaration of nullity’.

Going through an annulment can be stressful or overwhelming. Help is available. Go to Other support for relationships.

This information applies to all marriages, including same-sex marriages.

When a marriage can be annulled

A marriage annulment, or declaration of nullity, is when a judge decides that your marriage was invalid. If a judge grants an annulment, your marriage is treated as if it never existed.

The court can annul a marriage if:

  • you were tricked or forced to marry someone
  • one person was under 18 at the time
  • you did not understand what the marriage ceremony meant
  • the person you married was already married to someone else
  • the person you married is a close relative (parent, grandparent, child or sibling).

If you were married overseas, then your marriage may be legally valid even if one of these situations applies. This is a complicated area of law. We recommend that you get legal advice, if you can.

Forced marriage

Forced marriage is a crime in Australia. The penalty could be up to seven years in prison.

The law applies to the person who forces the marriage, not the person being forced. You will not get in trouble if you were forced to marry.

Relatives and marriage celebrants who were aware of the forced marriage can face penalties. It is still an offence even if the marriage happened overseas.

If you or someone you know has experienced forced marriage, you can call 1800RESPECT on 1800 737 732 or text 0458 737 732. Go to Forced marriage on their website for more information.

Applying for an annulment

You or your spouse (the person you are married to) must meet at least one of these requirements to apply for annulment:

  • be an Australian citizen
  • live in Australia and think of Australia as your permanent home
  • usually live in Australia and have done so for at least 12 months before the annulment application.

You can apply to the Federal Circuit and Family Court of Australia for an annulment. For more information about applying, go to Applying for a decree of nullity on their website.

After you apply

After you submit your application, you must serve your spouse. This means giving them documents about the annulment.

You can:

  • post the documents
  • ask someone over the age of 18 to give the documents to your spouse (a friend, family member or professional service)
  • post the documents to your spouse’s lawyer (if the lawyer agrees).

Serving documents is an important part of the legal process. The court has a kit to guide you. Go to Service Kit on the court website.

Your spouse can respond by filing an affidavit with the court. This is a written statement explaining what they disagree with in your annulment application.

Your spouse has 28 days to file their affidavit after they have been served. If they do not respond, the court may still decide your case.

Going to court

The court will set a date for your hearing. It can take several months to get a hearing date.

At the hearing, a judge will look at the evidence and make a decision. They will grant an annulment if they find that your marriage was not legally valid.

Remarrying after an annulment

You cannot remarry until the judge grants an annulment.

Avoid setting a date for your next weeding before your annulment is final. The court might delay your hearing and you will not be able to go ahead with your wedding.

Children and property

An annulment does not decide parenting arrangements or how you divide property.

Parenting arrangements

You and your ex-partner will need to make arrangements for your children. You can work out arrangements yourselves, with help from a mediation service like family dispute resolution, or through the court. To learn more about your options, go to Parenting arrangements and child contact.

Dividing property

You and ex-partner must divide your property within 12 months of your annulment. For more information, go to Dividing your property.

Explore our publications and resources

Support from other organisations

  • Family Relationships Online provides information and help with relationship and separation issues. Visit their website or call their advice line on 1800 050 321.
  • WIRE provides information and support about relationships, money and housing for women, non-binary and gender-diverse people in Victoria. Their booklet Separation and property has information for separating couples.
  • The Australian Government’s Moneysmart website has a checklist to help you work through your finances after separation. Go to, Divorce and separation financial checklist.
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