Gable

[2012] FamCA 632

FAMILY COURT OF AUSTRALIA

GABLE [2012] FamCA 632

FAMILY LAW – DECLARATION of Validity of Marriage - Wife's well prepared application annexing all relevant documents - Husband at court and in agreement with the wife's submissions - Parties continuing to live together as a married couple - Request to amend the official records of Births, Deaths & Marriages

Family Law Act 1975 (Cth)

APPLICANT: Ms Gable

FILE NUMBER: MLC 5077 of 2012

DATE DELIVERED: 30 JULY 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Young J

HEARING DATE: 30 July 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Stabler

SOLICITOR FOR THE APPLICANT: Brimbank Melton Community Legal Centre

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT:

Orders

IT IS DECLARED PURSUANT TO SECTION 113 OF THE FAMILY LAW ACT 1975 (Cth)

1. THAT the marriage entered into between Ms Gable and Mr Gable on … March 1983 in the … Greek Orthodox Church in Suburb X, Victoria is a valid marriage and was duly solemnised in a wedding ceremony on that day pursuant to the provisions of the Marriage Act 1961 (Cth).

IT IS REQUESTED:

1. THAT the Registry of Births, Deaths and Marriages in the State of Victoria, record on the Registry the marriage of Ms Gable and Mr Gable on … March 1983 pursuant to the statutory requirements of s 31 of the Births Deaths and Marriages Registration Act 1996 (Vic).

IT IS ORDERED

1. THAT the extempore reasons for judgment be transcribed, be placed upon the Court file and be made available to the parties and to the Registrar.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Gable has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 5077  of 2012

Ms Gable

Applicant

REASONS FOR JUDGMENT

1. The application in the matter of Gable was filed 7 June 2012 and the wife sought a declaration that the marriage entered into between herself and her current husband in March 1983 was and should now be declared to be a valid marriage which was duly solemnised at the time of that wedding ceremony.  Both the wife and her husband are in court.  Mr Gable is at the bar table and has indicated both his support for the declaration being pronounced and his confirmation that their marriage is ongoing.  The wife’s affidavit was sworn on 19 April 2012 and there are various annexures thereto which I have carefully read and evaluated.

2. I am satisfied that Mr and Mrs Gable were legally and validly married in a ceremony at a Greek Orthodox Church in Suburb X, Victoria in March 1983.  I accept the evidence of the wife as carefully and fully explained in paragraphs 12 – 17 (inclusive) of her affidavit and the various annexed affidavits and documents from both her bridesmaids and others at the church wedding ceremony.  I accept that following the wedding ceremony the presiding priest provided to the parties marriage certificates both in their native Greek language and in the traditional English version as are provided to married couples in this country.

3. I accept at all times that Mr and Mrs Gable have considered themselves to be lawfully married and that they have lived their life as such and all family relatives and friends would regard them as a married couple.  I record that the affidavit material supporting the application is extensive, both well prepared and substantially evidencing the matters that are or could have been in issue.  Overwhelmingly, I am satisfied that Mr and Mrs Gable were, are and remain legally married.

4. I will request that the Registrar of Births, Deaths and Marriages record this marriage and amend the unfortunate oversight that was not the doing of the parties but of another.  I will have these brief ex tempore reasons for judgment transcribed, placed upon the court file and made available to the parties. 

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Young delivered on 30 July 2012.

Associate: 

Date: