While both divorce and annulment end a marriage, they do so in different ways. A divorce is the legal dissolution of a valid marriage, whereas an annulment is a court order declaring that a marriage is null and void from its inception.
How does a divorce work?
A divorce legally terminates a marriage on the grounds of a “no-fault” divorce system in Australia. This is where courts do not consider why a marriage has ended and you only need to prove that the marriage has broken down irretrievably (evidenced by 12 months of separation). This results in both parties being free to remarry and legal orders for property and children are made.
How does an annulment work?
An annulment (or decree of nullity) declares a marriage void, treating it as if it never legally existed, and is often used to bypass the 12 month separation requirement for divorce. An annulment granted by a religious institution has no effect on civil law and does not legally end a marriage, and children born of an annulled marriage are still considered legitimate
Key differences:
The key differences between divorce and annulment include validity, time requirement and legal standing.
- Divorce ends a marriage, while an annulment proves the marriage was never valid.
- Divorce requires 12 months separation while an annulment can be received immediately.
- In an annulment, the court finds the marriage was never legally valid.
When is an annulment possible?
An annulment is only granted on specific, narrow grounds. This can include:
- One or both parties were already married
- One or both parties were not of legal age (usually under 18, or 16-18 but without permission from the court)
- The marriage was entered under duress, fraud or mistake
- One party was mentally incapable of understanding the marriage contract
- The parties are close relatives