Dohm & Acton

In the matter of *Dohm & Acton*, heard before Dawe J, the husband sought a declaration regarding the validity of his marriage to the respondent. The parties had participated in a ceremony recognised by custom as creating a marriage under local law in Sudan in July 1987. The central dispute concerned whether this marriage was recognised as valid in Australia, particularly given the husband's prior existing marriage.

The court was required to determine whether the marriage celebrated in Sudan in July 1987 was valid in Australia. This involved considering the implications of the husband's previous marriage and the parties' acceptance that polygamy was permitted in the country where the second marriage took place. The court also had to assess the application of section 88D(2)(a) of the *Marriage Act 1961* (Cth) in the absence of expert evidence.

Dawe J reasoned that the husband had confirmed he had not divorced his first wife and was still married to her at the time of the ceremony in Sudan. As no expert evidence was presented to the contrary, the court was satisfied that the husband was validly married to his first wife. Consequently, applying section 88D(2)(a) of the *Marriage Act 1961*, which prohibits the recognition of a marriage where one party is already validly married, the court found that the marriage between Mr Dohm and Ms Acton could not be recognised as valid in Australia.

Accordingly, Dawe J declared that the marriage of Mr Dohm and Ms Acton celebrated in Sudan in July 1987 is not valid in Australia. The court also ordered that paragraph 2 of the wife's Response be adjourned, and granted injunctions restraining both parties from approaching or remaining within 100 metres of any place at which the other party may reside during the period of the adjournment. The husband was also ordered to file and serve any Affidavit or Response to the wife’s Response by a specified date.