How do you get a marriage annulment in Western Australia?
In Western Australia, a marriage can be annulled by a court if it is found to be void or voidable. A void marriage is one that is legally invalid from the start, such as if one of the parties is already married or if the couple is closely related. A voidable marriage is one that may be annulled at the request of one of the parties, such as if one of the parties was underage or if the marriage was not consummated.
To obtain an annulment in Western Australia, one of the parties must apply to the Family Court for a declaration that the marriage is void or voidable. The court will consider factors such as the length of the marriage, whether there are children involved, and whether there is a property settlement to be made.
How do you start an annulment proceeding in Western Australia?
To start an annulment proceeding in Western Australia, one of the parties to the marriage must file an application with the Family Court of Western Australia.
The application must be made on the appropriate form and must set out the grounds on which the annulment is sought.
The application should also include any relevant supporting documentation, such as proof of age, proof of relatedness, or medical evidence. The application should be filed in the registry of the Family Court closest to where the parties last lived together as husband and wife.
Once the application is filed, the court will issue a summons requiring the other party to attend court and respond to the application.
It’s also important to note that there are certain time limits for making an application for annulment in Western Australia, so it’s important to seek legal advice as soon as possible if you’re thinking about annulling your marriage.
If the court grants the annulment, it will make a decree of annulment which will legally end the marriage and restore the parties to the status of single person.
The court may also make orders in relation to property and children.
The lawyers at Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.