Legislation
Voidable marriages were recognised until the commencement of the Family Law Act 1975 (Cth.)
Under the Matrimonial Causes Act 1959(Cth.) (repealed by the FLA) there were four grounds on which a marriage could be voidable. The part of the legislation considering this was section 21(1); it said:
"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; (c) either party to the marriage is suffering from a venereal disease in a communicable form; or (d) the wife is pregnant by a person other than the husband, and not otherwise."
Read more about this topic: Voidable Marriages (Australia)
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