VIC Possible to Void Marriage Due to Fraud?

[john1]

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.

 

[AllForHer]

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

 

[Sophea]

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