Voidable Marriages (Australia)
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Until 1975, some marriages in Australia were
voidable Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ''ab initio'' (or void from the outset) and unenforceable. Definition The a ...
under
Australian family law Australian family law is principally found in the federal '' Family Law Act 1975'' and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 as well as in other laws and the common law and laws of equity, which affect the fami ...
. The ''
Family Law Act 1975 The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separ ...
'' (Cth.) abolished the concept of a voidable marriage.


Void v. voidable marriage

A void marriage is regarded for all legal purposes as no marriage at all. On the other hand, a voidable marriage was considered a valid marriage until it was annulled by a judicial decree of nullity.Dickey, A. (2007) ''Family Law'' (5th Ed)


Legislation

Under the ''Matrimonial Causes Act 1959'' (Cth.) (repealed by the FLA) a marriage was voidable on one of four grounds. Section 21(1) of the Act provided:Hodgson Law Office
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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 Intellectual disability (ID), also known as general learning disability (in the United Kingdom), and formerly mental retardation (in the United States), Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010).Archive is a generalized neurodevelopmental d ...
; (c) either party to the marriage is suffering from a
venereal disease A sexually transmitted infection (STI), also referred to as a sexually transmitted disease (STD) and the older term venereal disease (VD), is an infection that is spread by sexual activity, especially vaginal intercourse, anal sex, or ...
in a communicable form; or (d) the wife is pregnant by a person other than the husband, and not otherwise."


Current status

Under the ''Family Law Act 1975'' (Cth.) an
annulment Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning alm ...
can now only be granted if a marriage is void. This Act abolished prospectively voidable marriages.


See also

* Marriage in Australia


References

{{DEFAULTSORT:Voidable Marriages (Australia) Australian family law Marriage in Australia Annulment