Australia

I was forced into marriage by my family. Can the marriage be annulled?

No time limit
Annulment application
Voidable
Forced marriage status
Family Court
Jurisdiction
Section 23
Marriage Act
The Short Answer

Yes, a marriage can be annulled in Australia if it was entered into without your real consent — for example, due to coercion or duress by your family.

What the Law Says

Under Australian law, a marriage may be declared voidable — meaning it can be annulled — if it was not entered into freely and voluntarily by both parties.

The Marriage Act 1961 (Cth) sets out the legal requirements for a valid marriage. A key requirement is that both parties must freely consent. If consent is obtained by force, threats, or coercion — such as pressure from family — the marriage may be voidable.

Section 23(1)(d) of the Marriage Act states that a marriage is voidable if 'the consent of either party was not real consent because it was obtained by duress or fraud'. This includes situations where someone is forced into marriage by family members.

The Family Law Act 1975 (Cth) also supports this: section 51(ii) gives the Federal Circuit and Family Court of Australia jurisdiction to hear applications for decrees of nullity (annulments).

Statutory Text

the consent of either party was not real consent because it was obtained by duress or fraud

Marriage Act 1961 (Cth), s. 23(1)(d) — Grounds on which marriage is voidable
Statutory Text

The jurisdiction of the Court in relation to matrimonial causes includes jurisdiction with respect to... decrees of nullity of marriage

Family Law Act 1975 (Cth), s. 51(ii) — Jurisdiction of Court

What to Do

1

Contact a family lawyer or legal aid service experienced in family law and forced marriage matters.

2

File an application for a decree of nullity in the Federal Circuit and Family Court of Australia.

3

Provide evidence of coercion — e.g., text messages, witness statements, or police reports — showing your consent was not free or real.

4

Seek immediate safety support if you are at risk; contact 1800RESPECT (1800 737 732) or the National Sexual Assault, Domestic and Family Violence Counselling Service.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.