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"A marriage that takes place after the commencement of this Act, not being a marriage that is void, is voidable, where, at the time of the marriage: (a) either party to the marriage is incapable of consummating the marriage; (b) either party to the marriage is: (i) of unsound mind; or (ii) a mental defective;
A marriage entered into Australia is void (invalid) if it has not been “solemnised” by an authorised marriage celebrant. [23] Only authorised marriage celebrants are allowed to solemnise marriages in Australia. There are three types of celebrants: ministers of religion, state and territory registry officers, and civil marriage celebrants.
What constitutes a void marriage is determined by section 23 of the Marriage Act 1961 [6] The distinction that existed before 1975 between void and voidable marriages no longer exists. In addition, the 1975 Act also abolished the legal concept of non-consummation of marriage as a ground for annulment, [7] [8] so that a divorce application would ...
A couple in Australia had their marriage annulled after the bride testified she thought the ceremony was a prank to ... a judge declared the couple's December 2023 marriage void. The bride, 24 ...
The Marriage Act 1961 (Cth) is an Act of the Parliament of Australia which regulates marriage in Australia.Since its passage in 1961, it has been amended on numerous occasions and applies uniformly throughout Australia (including its external territories); and any law made by a state or territory inconsistent with the Act is invalid.
Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the marriage was voided. Under the laws of most nations, children born during a void marriage are considered legitimate.
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate.
In Australia, the Marriage Act 1961 prohibits a marriage to a direct ancestor or descendant or sibling (whether full sibling or half sibling), including those arising from a legal adoption. Such marriages are void. [8]