Void Marriages
Part III entitled ‘void marriages’ establishes the circumstances in which a marriage is void. To preserve the validity of past marriages, this part is divided into years based on when amendments to this act were introduced.
A current purported marriage is void if:
- the parties are already married (polygamy).
- the parties are in a prohibited relationship: direct descendants or siblings, including adopted (by law) relationships.
- the marriage was not solemnized by an authorised celebrant (as in Part IV, Div 2).
- there is no consent (due to duress, fraud, mistake as to identity, mistake as to nature of ceremony, mental incapacity, or below marriageable age in Part II).
Read more about this topic: Marriage Act 1961 (Australia)
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