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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 person who goes through a marriage ceremony in Australia when still legally married to another person, whether under Australian law or a law of another country, commits an offence of bigamy, which is subject to a maximum 5 years imprisonment, [6] and the marriage is void.
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 ...
The relevance of consummation in a civil marriage varies by jurisdiction. For example, under section 12 of the Matrimonial Causes Act 1973, a refusal or inability to consummate a marriage is a ground of annulment in England and Wales, [3] but this only applies to heterosexual marriage because Paragraph 4 of schedule 4 of the Marriage (Same Sex Couples) Act 2013 specifically excludes non ...
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.
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Since 1975, Australian law provides only for void marriages. Before 1975, there were both void and voidable marriages. Today, under the Family Law Act 1975 (Cth.) a decree of nullity can only be made if a marriage is void. [22] A marriage is void if: [23] [24] [25] one or both of the parties were already married at the time (i.e. bigamy)
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