Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Annulment / Nullity of a Marriage Due to Homosexuality?

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

  1. Candice

    Candice Member

    Joined:
    5 July 2014
    Messages:
    2
    Likes Received:
    0
    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
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    1,890
    Likes Received:
    437
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. lawanswers

    lawanswers Moderator
    Staff Member

    Joined:
    6 April 2014
    Messages:
    60
    Likes Received:
    40
    #3 lawanswers, 5 July 2014
    Last edited: 5 July 2014
  4. Candice

    Candice Member

    Joined:
    5 July 2014
    Messages:
    2
    Likes Received:
    0
    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.
     

Share This Page

Loading...