Can a Marriage Be Annulled Based on Fraud?

Yes, a marriage can be annulled based on fraud in many jurisdictions. An annulment is a legal declaration that a marriage was never valid from the start, and fraud is one of the recognized grounds for annulment. However, not all types of fraud qualify—only certain kinds of deception that go to the “essence” of the marital relationship are typically considered sufficient.

Grounds for Annulment Based on Fraud

Under the Marriage Act 1961 (Cth), a marriage may be declared null and void if genuine consent is not given. Fraud is one of the situations that can negate consent. Examples include:

• Duress: One party was forced or threatened into marriage.
• Marriage Fraud or Misrepresentation: One party was deceived about a fundamental aspect of the marriage, such as:
  • Concealing a previous marriage.
  • Lying about the intention to live as a married couple.
  • Marrying solely for immigration advantages.
• Mistaken Identity: One party was mistaken about the identity of the person they were marrying.
• Lack of Mental Capacity: A party did not understand the nature or effect of the marriage ceremony due to mental incapacity or intoxication.

Legal Process

To annul a marriage, an application must be made to the Family Court of Australia or the Federal Circuit and Family Court, which will assess whether the legal requirements for a valid marriage were not met.

If fraud is proven, the court may issue a decree of nullity, declaring that the marriage was never legally valid from the outset. 

Also, read >> How Legally Binding Is a Waiver?

Key Takeaway

Fraud that undermines a person’s ability to give real and informed consent can be a valid ground for annulment. However, not all deception qualifies—only fraud that goes to the heart of the marital relationship or intent is considered.

If you believe your marriage may be invalid due to fraud, it’s important to seek legal advice from a professional immigration lawyer to understand your rights and options. 

Also, read >> Do People Go to Jail for Marriage Fraud?