DE SOYSA & FERRERA

The Family Court of Australia considered an application for divorce and declarations of nullity concerning two purported marriages between Ms De Soysa (the applicant) and Mr Ferrera (the respondent). The applicant initially sought a divorce for a marriage solemnised in Queensland in March 2002. However, she later also sought to have this Australian marriage declared null and void, and additionally sought a declaration that a prior marriage ceremony in Sri Lanka in January 2002 be declared null and void. The respondent did not appear at the hearing.

The court was required to determine the validity of the Sri Lankan marriage and, consequently, the validity of the Australian marriage. Specifically, the court had to consider whether any alleged incorrect information provided by the husband regarding his marital or residential status at the time of the Sri Lankan ceremony affected its validity. Furthermore, the court needed to assess whether the Australian marriage could be considered a valid second marriage under section 113 of the *Marriage Act 1961* (Cth) if the Sri Lankan marriage was found to be valid.

Collier J found that the Sri Lankan marriage was a valid marriage, rejecting the applicant's later assertion that it was merely a registration of intent. The court reasoned that the marriage certificate, despite the applicant's claims of misdescription of the husband, evidenced a marriage solemnised in accordance with Sri Lankan law and would be recognised in Australia. Consequently, the Australian marriage, entered into after the valid Sri Lankan marriage, could not be a valid second marriage under section 113 of the *Marriage Act* as the conditions for a subsequent ceremony were not met. The court concluded that the Australian marriage was invalid.

The court granted the application for divorce in respect of the Sri Lankan marriage, finding special circumstances under section 55 of the *Family Law Act 1975* (Cth) to allow the decree nisi to become absolute within one month, despite concerns about arrangements for the parties' minor child. The court also declared the Australian marriage invalid. All other outstanding applications and matters were discharged and removed from the active pending cases list.