Ex-Files: Our arranged marriage only lasted four weeks – can we get an annulment?
My wife and I only met each other on our wedding day
Q: My wife and I have decided to end our marriage. We’ve only been married for four weeks and have not consummated our marriage. The marriage was arranged by our parents, and I didn’t meet my wife until our wedding day. Soon after our wedding day we realised there was no way the marriage was going to work. Can we get an annulment?
A: “Annulment” is a term adopted from overseas legal systems, and it does not appear in any New Zealand legislation that affects marital status.
It is possible to have a marriage declared void by the Family Court, but the grounds for such an order are very limited.
Unlike a dissolution, which terminates a valid marriage, an order declaring a marriage to be void can only be granted if there is proof that the marriage was invalid at its inception.
The grounds for an order are as follows:
- If either party to the marriage is under 16, or is 16 or 17 and the consent of the Family Court had not been given (underage).
- If either one of the parties to the marriage was already legally married (bigamy).
- Where the relationship between the parties falls under the prohibited relationships in Schedule 2 of the Marriage Act 1955 (family relationship).
- By reason of duress, mistake, or insanity, or for any other reason there was at the time of the marriage an absence of consent.
- If the legal technicalities and formalities of the marriage were not completed properly. For example, if the parties willingly married without a celebrant or registrar of marriages or licence.
Based on the information provided it does not appear that your circumstances would justify an order declaring the marriage void. Unfortunately, the duration of a marriage is irrelevant, as is whether the marriage has been consummated or not.
To end a valid marriage, you need to apply for a dissolution (divorce), which in most cases cannot be done until you and your wife have been separated for two years.
Family violence exception
Following recent law changes, it is possible to get a dissolution sooner in cases where there is family violence. These changes allow a new avenue for applying for a dissolution of marriage or civil union without having to live separately for two years as required on the grounds of an irreconcilable breakdown of a relationship.
Where there is a protection order in place against a spouse, the protected person under the order can apply for a dissolution regardless of whether the parties are living apart and how long they have been separated. From October 17, 2025, the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 took effect.
To apply, individuals must:
- Provide a copy of their final protection order, or registered foreign protection, issued against their spouse or partner.
- Provide a copy of their marriage or civil union certificate.
- Ensure at least one party to the relationship is domiciled in New Zealand.
- Joint applications are possible if both parties have protection orders against each other.
A final protection order is a Family Court order that protects people from violence, threats, or contact from a partner, ex-partner, relative, or someone they live with. It typically starts as a temporary order and becomes final after three months if not challenged. Please see more information from the Ministry of Justice website.
Summary
In the meantime, you and your wife can move on with your separate lives, but you will not be able to enter into a new marriage until a dissolution has been obtained.
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