Annulment / Nullity of a Marriage Due to Homosexuality?

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Candice

Member
5 July 2014
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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.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
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.
 

Candice

Member
5 July 2014
2
0
1
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.