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VIC Marriage Annulment - How to Go about It?

Discussion in 'Family Law Forum' started by MiizzCarmen, 23 June 2015.

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  1. MiizzCarmen

    MiizzCarmen Well-Known Member

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    Where to get forms and process for marriage annulment?
     
  2. AllForHer

    AllForHer Well-Known Member

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    A marriage cannot be annulled unless you can prove any of the following circumstances:
    • That one of the parties was already married at the time of the ceremony
    • That the parties were too closely related
    • That the ceremony did not meet the requirements of the Marriage Act
    • That one of the parties did not consent to the marriage
    • That one of the parties was not of marriageable age.
    Does your marriage meet any of these circumstances?
     
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  3. Sophea

    Sophea Well-Known Member

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    Hi MizzCarmen,

    To apply for a marriage annulment you have to apply to the Family Court, then serve the other party with the application so they are aware of the proceedings. The other person then has the opportunity within 28 days to file an affidavit in response to your application which they must serve on you if they disagree with the application. If no response is filed the court will hear the application in their absence.

    A court will grant an annulment order if based on the evidence you have provided they find that the requirements have been met.
     
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  4. MiizzCarmen

    MiizzCarmen Well-Known Member

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    A rape victim got sexually assaulted by her ex husband they were together for less than a year. When she spoke to the police she was told she can get a annulment. Can she get a annulment under the circumstances?
     
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