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Divorce or annulment?

7 February 2022

Do you want a divorce or an annulment? Sometimes TV and other media, especially if from overseas, can give confusing messages. In Australia, they are definitely not the same thing. So, what is a nullity?

Hollywood movies give the impression that “getting an annulment” as a way of ending your marriage is simple.

However, the reality is far from easy. A “nullity of marriage” is an order of the court that a marriage never existed. And while some people might like to think their ex-partner never existed, there are very few cases where an annulment would be considered.

Besides fundamental issues, such as duress or fraud, it usually requires that the marriage ceremony has been conducted incorrectly, or that the person conducting the ceremony is unqualified.

It is very rare and quite difficult to nullify a marriage in Australia. The Family Court of Australia may declare a marriage invalid on the following grounds:

  1. One or both of the parties were already married at the time
  2. One or both of the parties were underage at the time of the wedding and did not have the necessary approval
  3. One or both of the parties were forced into the marriage under severe duress

The court will not declare nullity of the marriage for reasons including (but not limited to):

  1. Non-consummation of the marriage
  2. Never having lived together
  3. Family violence
  4. Other incompatibility situations

How about divorce or annulments around the world? The way things are done in other countries can be very different to the way it is under Australian law.

Philippines:

In general, divorce is illegal in the Philippines. Under the law, Filipino citizens married to foreign nationals who divorce in the other spouse’s country of residency are considered legally divorced and able to remarry. Filipinos not married to foreign nationals who divorce in other countries, but who remain legal residents of the Philippines, are still considered married under Philippine law. The only options for other Filipinos are legal separation or annulment and for either one, the process is lengthy and expensive.

Vatican City:

There is no process for obtaining a divorce in the Vatican state. Arguably there is no need for divorce law divorce in the Vatican, because most citizens are either living outside the city state or are members of the Roman Catholic clergy who take a lifetime vow of celibacy. Vatican City allows annulment or the invalidations of a marriage based on a number of grounds, however the process is difficult and lengthy.

Japan:

Most divorces in Japan are consensual and straightforward. However, there is no provision for joint custody of children under Japanese law, unless the divorce was finalised in another country where the child has citizenship but not visitation. It is uncommon for children to see the other parent frequently after a divorce. Women in Japan have to wait six months after a divorce before they can remarry, but men have no such restrictions. A woman is also required to take her husband’s name upon marriage and it’s a complicated legal process to restore her maiden name after a divorce.

France:

The process for divorce differs, depending on the reason sought for the divorce. But in all divorces, the other issues that often arise – such as parenting, property settlement and maintenance – are all resolved as one matter.

Egypt:

Egypt introduced no-fault divorce in 2000 but Egyptian women still face unequal access to family courts and protections under the law. Islamic rules on marriage and divorce prevail except in cases where both husband and wife are non-Muslims. Women can file for no-fault divorce but must give up all financial and property rights to do so, and they must also repay any dowry their husbands gave to the wife’s family upon the marriage. To receive any sort of support, they must be able to prove their husbands harmed them, often needing eye-witnesses, even for physical abuse. Egyptian men have unconditional rights to divorce and don’t even need to go to court to obtain it.

If you need specialist advice on divorce, or any other family law issue, contact Michael Lynch Family Lawyers today. We’re here to give you advice especially tailored to your situation. To make an appointment, call our office on: (07) 3221 4300 or email: [email protected]

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2022-01-20T11:03:12+10:00

Client Testimonials

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra
Your team is professional, warm, friendly and real.
N.R., Crows Nest

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong
Your newsletters are great, I appreciate them.
K.B., Carina
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron

You, guys, provide extraordinary service.

A.O., North Brisbane

I was always confident that I was getting the very best advice.

T.S., Flinders

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne