Divorce or annulment?
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:
- One or both of the parties were already married at the time
- One or both of the parties were underage at the time of the wedding and did not have the necessary approval
- 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):
- Non-consummation of the marriage
- Never having lived together
- Family violence
- 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]
