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VIC Possible to Void Marriage Due to Fraud?

Discussion in 'Family Law Forum' started by john1, 2 March 2016.

  1. john1

    john1 Active Member

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    The woman I married was from an overseas country with a poorer standard of living. We had arranged/agreed to have children over the years before she arrived in Australia, but when we married she did not want this. I feel she deceived me just to get into the country. We were married for 4 years and have no children. I was nearly 50 years of age at the time of my marriage.

    She now has a better standard of living here. She made no financial and non-financial contribution to the marriage.

    She now has her permanent residency and Australian citizenship. We are now divorced and she is seeking property settlement. Can I have the marriage considered void because it was obtained by fraud / deception, so that she would not be entitled to my assets?

    Thank you.
     
  2. AllForHer

    AllForHer Well-Known Member

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    What you've listed doesn't reflect any of the reasons that are required for a court to make a decree of nullify in respect of a marriage. The court can make such a decree in the following circumstances:
    • At the time the parties were married, one of them was married to someone else.
    • The parties are in a prohibited relationship.
    • The parties did not comply with the laws in relation to the marriage in the place they were married.
    • Either party was not of a legal age to marry.
    • Either of the parties did not give their real consent to the marriage because:
      • consent was obtained by duress or fraud,
      • one party was mistaken as to the identity of who they were marrying or the nature of the ceremony,
      • one party was mentally incapable of understanding the nature and the effect of the marriage ceremony.
    The duress/fraud element here isn't the same as what you're talking about. You can, however apply for a divorce
     
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  3. Sophea

    Sophea Well-Known Member

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    This is a relationship issue, not a legal issue that would give rise to a right to nullify the legal contract of marriage.
     
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