What is the difference between an Annulment and Divorce?
Annulment
An annulment is when a marriage is declared to have never existed in the first place, where it is not recognised as being legally valid. A marriage can be declared null by the Family Court of Australia.
A Court can declare a marriage to be annulled on the following grounds -
- If either of the parties were already married to another person at the time of the marriage; or
- If either of the parties were under the legal age of marriage or did not have the required approval to marry; or
- If either of the parties were forced to enter into the marriage, under duress or through fraud; or
- If the ceremony was not performed correctly; or
- If the marriage qualifies as being incestuous.
If the Court finds that any of the above grounds exists, a declaration of nullity can be made. An Initiating Application to the Family Court of Australia needs to be made to apply for an annulment.
Divorce
When spouses decide to end a marriage, the separation can be in the form of a divorce.
Divorce is the legal recognition of a marriage ending. If the court is satisfied that the marriage has fallen apart and that there is no reasonable chance that the parties will reconcile, a divorce can be granted. It is a requirement that the parties are separated for twelve months before an application for a divorce can be made.
An annulment and divorce's critical difference is that an annulment declares the marriage to be invalid and treated as though it did not exist. Whereas a divorce ends a marriage, that was acknowledged as being valid.
If you are considering separation or divorce and would like to discuss your options, you can contact Grace Family + Collaborative Law on 1300 414 855 for a consultation with an experienced Family Law Solicitor.