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Annulment / Nullity of a Marriage Due to Homosexuality?

Discussion in 'Family Law Forum' started by Candice, 5 July 2014.

  1. Candice

    Candice Member

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    Hi there,

    Is it possible to get an annulment of marriage if you find out your spouse is a homosexual and has been cheating on you with men whilst married? Does this count as a type of fraud?

    Any advice will be appreciated.
     
  2. Tim W

    Tim W Lawyer

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    Marriage law in Australia only requires that the people be of different genders.
    Being straight, however, is not a requirement.

    Likewise, having sex with other people ("infidelity" or "adultery")
    is not a ground for annulment.

    There is some useful information about grounds for nullification here:
    http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Publications/Family Court of Australia publications/FCOA_Applying_decree_nullity

    Note that the "fraud" referred to on that page probably does not include a misleading or deceptive statement as to sexual preference.

    Note also that "nullification" and "divorce" are different things.
     
  3. lawanswers

    lawanswers Moderator
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    #3 lawanswers, 5 July 2014
    Last edited: 5 July 2014
  4. Candice

    Candice Member

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    Thanks Tim,

    I was looking at the reasons for an annulment and it said reasons under fraud include not disclosing information, for example not disclosing an STD. I went into the marriage (which I assumed was in a monogamous heterosexual relationship with him for 8 years before the marriage) believing he was straight. If I had of known beforehand I would not have consented to the marriage.

    Looks like it's divorce for me.

    Thanks again for the information.
     

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