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Application for Decree of Nullity (Marriage) — FCFCOA

Form number: Initiating Application (Family Law)

A court application asking the Federal Circuit and Family Court of Australia to declare a marriage void or invalid (nullity/annulment) under the Marriage Act 1961, on grounds such as bigamy, prohibited relationship, lack of legal capacity, or failure to comply with marriage formalities.

Issuing authority

Federal Circuit and Family Court of Australia (FCFCOA)

Official source

fcfcoa.gov.au

Cost

$1,125 (standard); $375 reduced fee for concession card holders or financial hardship

How to apply

  1. Confirm the grounds for nullity under the Marriage Act 1961 — valid grounds include: one party was already married (bigamy); the parties are in a prohibited relationship; the parties did not comply with the legal formalities for marriage in the place where they married; or either party was underage and no court approval was obtained.
  2. Prepare the Initiating Application (Family Law) form (available at https://www.fcfcoa.gov.au/fl/forms), selecting the decree of nullity remedy.
  3. Draft a supporting affidavit setting out the facts relied on, including details of the marriage ceremony, why the marriage is invalid, and any supporting evidence.
  4. Gather supporting documents: copy of the marriage certificate; any relevant overseas certificates or court records; if bigamy is alleged, evidence of the prior subsisting marriage.
  5. File the Initiating Application, affidavit and documents at a FCFCOA registry (online via the Commonwealth Courts Portal at comcourts.gov.au, or in person). Pay the filing fee: standard $1,125; reduced fee $375 for concession card holders or demonstrated financial hardship.
  6. Serve the filed application on the respondent by special service as soon as practicable, including a copy of the affidavit, the court brochure, and an Acknowledgment of Service form.
  7. Attend the first court date. Nullity proceedings are typically listed before a Judge of the Family Court Division of the FCFCOA; note the Practice Direction on Nullity and Validity of Marriage Proceedings applies.
  8. If uncontested, the court may make the decree of nullity at or after the hearing; if contested, directions for evidence and a trial date will be given.
  9. A decree of nullity is effective immediately upon pronouncement — there is no one-month waiting period as applies to divorce.

Related topics

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