BETTS & HAMPSON

In *Betts & Hampson*, heard before Cronin J, the applicant sought an annulment of a marriage solemnised in 2013 on the grounds that the marriage was void. The basis for this claim was that the applicant was already married at the time of the ceremony, having previously obtained a divorce online through an internet website that purported to exercise jurisdiction out of Mexico.

The central legal issue before the court was whether the purported Mexican divorce obtained by the applicant was recognised under Australian law, thereby rendering the subsequent marriage void. The court was required to determine the validity of a divorce obtained through an internet service claiming international jurisdiction, and its effect on the validity of a subsequent marriage in Australia.

Cronin J found that the "divorce" obtained online was not recognised by Australian law. The court reasoned that such internet-based divorces, despite any claims of "comity" by their promoters, do not satisfy the requirements for a valid dissolution of marriage under Australian legal principles. Consequently, the applicant remained legally married at the time of the 2013 ceremony.

The court declared the marriage solemnised in 2013 to be void. The application, filed on 10 January 2017, was otherwise dismissed.