Basurto and Basurto

Case

[2016] FamCA 5

12 January 2016


Details
AGLC Case Decision Date
Basurto and Basurto [2016] FamCA 5 [2016] FamCA 5 12 January 2016

CaseChat Overview and Summary

In *Basurto and Basurto*, Stevenson J of the Family Court of Australia pronounced a decree of nullity concerning the marriage between Mr Basurto and Ms Basurto, celebrated in December 2008. The dispute concerned the validity of this marriage.

The central legal issue before the court was whether the marriage was void *ab initio* due to a pre-existing lawful marriage of the respondent, Mr Basurto.

Stevenson J's reasoning, based on the contents of the court file and an admission made by the respondent on the day of the hearing, led to the conclusion that the marriage was indeed void. The legal principle applied was that a marriage is void if one of the parties is lawfully married to another person at the time of the ceremony.

Consequently, Stevenson J pronounced a decree of nullity of the marriage.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

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