Ceballos and Ceballos

In *Ceballos & Ceballos* [2013] FamCA 879, the Family Court of Australia considered an application by Mr Ceballos for a declaration that his marriage to Ms Ceballos, solemnised in March 2000, was a nullity. The applicant and respondent had cohabited from the date of the ceremony until their separation in January 2010, and had two children. The central issue arose when the applicant discovered, upon seeking a divorce from Ms Ceballos, that his previous marriage to Ms C, which had ended in separation in 1997, had not been dissolved by divorce until January 2003, after his marriage to Ms Ceballos.

The court was required to determine whether the marriage between the applicant and the respondent was void *ab initio* due to the applicant being lawfully married to another person at the time of the ceremony. Additionally, the court considered the implications of the applicant's false declaration of his marital status on the marriage certificate for the ceremony with the respondent, and whether these proceedings should be referred to the Commonwealth Attorney-General.

Justice Foster applied section 23B(1) of the *Marriage Act 1961* (Cth), which states that a marriage is void if either party is lawfully married to another person at the time of the marriage. The evidence clearly established that the applicant was still married to Ms C in March 2000 when he married the respondent. Consequently, the court declared the marriage to the respondent a nullity. The court also noted that the applicant's assertion of being "never validly married" on the marriage certificate constituted a false representation, potentially an offence under section 94 of the *Marriage Act* (bigamy).

The court made orders declaring the marriage a nullity and directed the applicant to file further affidavit evidence within 21 days regarding the referral of the proceedings to the Commonwealth Attorney-General. The proceedings were adjourned for further hearing on 4 December 2013 to allow for these submissions.