A decree of nullity is a finding that a marriage was void, even though a marriage ceremony may have taken place. A decree of nullity can only be made on very restrictive grounds, and such decrees are rare.
Under the Family Law Act 1975 , the Federal Circuit and Family Court of Australia (FCFCOA) has the power to make a decree of nullity.
To apply for nullity, you must file an Initiating Application. You will also need to file an affidavit setting out the facts relied on to have the marriage annulled. The onus of proof is on the applicant to establish the marriage is void. This is a difficult task to achieve, and the evidence provided must be very specific.
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