Wright and Wright

[2012] FamCA 216

FAMILY COURT OF AUSTRALIA

WRIGHT & WRIGHT [2012] FamCA 216

FAMILY LAW – NULLITY – validity of marriage

Family Law Act (Cth)

APPLICANT: Mr Wright

RESPONDENT: Ms Wright

FILE NUMBER: BRC 4694 of 2011

DATE DELIVERED: 26 March 2012

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 26 March 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: In person

SOLICITOR FOR THE RESPONDENT: In person

Orders

IT IS DECLARED THAT:

1. The marriage entered into between Mr Wright and Ms C on … August 2004 at Town A, New South Wales was invalid.

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: BRC 4694 of 2011

Mr Wright

Applicant

And

Ms Wright

Respondent

REASONS FOR JUDGMENT

1. This matter comes before me as a result of the husband’s application to annul his marriage to the wife, which was performed at Town A.  The marriage was performed at Town A, New South Wales in August 2004.

2. Both parties appear before me today and have jointly made an oral application for a declaration of invalidity in respect of that marriage pursuant to s 113 of the Family Law Act.

3. The background of the matter is as follows:

4. The parties were married by way of a ceremony that took place at the registry office in London in January 2004.  There is before me a certified copy of their marriage certificate.

5. Subsequently the parties entered into a second ceremony of marriage in New South Wales at Town A in August 2004.  I have a marriage certificate that was created as a result of that event.  The marriage certificate indicates on it that the parties asserted, at that time, that they had never validly been married.  That is an assertion that neither of them before me contend is accurate.

6. On 2 June 2011, the parties jointly made an application to the Federal Magistrates Court for dissolution of both the marriages. 

7. On 3 August 2011 a registrar made a divorce order in respect of the marriage solemnised in London in April 2004.  The registrar was unable to make any orders in respect of the Australian marriage and concluded that you can only be divorced once and also concluded that the registrar had no power to make a declaration of invalidity in respect of the second ceremony.

8. I am comfortably satisfied that it is appropriate to exercise the discretion that I have under s 113 of the Family Law Act.  That section is, in the following terms:-

   In proceedings of the kind referred to in paragraph (b) of the definition of matrimonial cause in subsection 4(1), the Court may make such declaration as is justified.

9. That part of the definition of matrimonial cause refers to proceedings for a declaration as to the validity of a marriage.  Given that the parties were legally married at the time that they involved themselves in the ceremony at Town A in August 2004, I am satisfied that that ceremony had no effect and any marriage that was purported to have taken place on that day was invalid.

10. Accordingly, I make a declaration that the marriage entered into in August 2004 at Town A, New South Wales, was invalid.

I certify that the preceding ten (10) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 26 March 2012.

Associate: 

Date:  2.4.2012