In family law, this is a common question.
“I married my wife in the intention that we could live together peacefully for the rest of our lives, but she fled with Julio. Is it feasible to get our marriage dissolved?
You must first understand that we are discussing a legal annulment, often known as “nullity” of marriage in Australia, rather than “annulment.” If you adhere to a specific faith, you may be eligible for a religious annulment, which is a distinct concept altogether.
A petition for a decree of nullity of marriage must be accompanied by evidence proving the marriage was “void” and never existed. There are few reasons to seek a nullity decree.
The Australian Family Court may rule a marriage void in the following situations:
- One of the parties was married to someone else at the time of the marriage;
- the parties were in a forbidden relationship, such as brother and sister;
- the local marriage laws were violated;
- one of the parties was not of legal marriage age;
- or one of the parties did not give their consent, such as by agreeing to the marriage under pressure.
As a result, the husband would be unable to seek a nullity order under the circumstances described above because his wife fled with Julio. His only option would be to file for a divorce.