GORDON & RANIN

[2018] FamCA 176

FAMILY COURT OF AUSTRALIA

GORDON & RANIN [2018] FamCA 176

FAMILY LAW – NULLITY OF MARRIAGE

APPLICANT: Ms Gordon

RESPONDENT: Mr Ranin

FILE NUMBER: SYC 7255 of 2017

DATE DELIVERED: 12 March 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 12 March 2018

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Doolan Callaghan Family Lawyers

SOLICITOR FOR THE RESPONDENT: No appearance by or on behalf of the Respondent 

Orders/declaration

1. A decree of nullity of the parties’ marriage in 2012 is granted and I declare that marriage to be void.

2. The wife is to serve a copy of these orders/declaration and the Reasons for Judgment upon the husband as soon as is practicable.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 7255 of 2017

Ms Gordon

Applicant

And

Mr Ranin

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. In this matter, the wife seeks that her marriage to the husband in late 2012 be declared invalid and a decree of nullity be granted. 

2. The basis upon which she relies for that order to be made is found in s 23B(1)(a) of The Marriage Act, which is in the following terms: 

   A marriage … is void where (a) either of the parties is, at the time of the marriage, lawfully married to some other person.

3. In this matter, the husband currently resides in Asia.  The parties met in Australia in May 2009.  At that time, the husband told the wife that he was married to a woman in mid 1996, but that his relationship had been an unhappy one.  He said to her he had had two children of that marriage, but he did not specify what their ages were. 

4. After the parties began to have a relationship, the husband told the wife he had divorced his first wife and he showed her a copy of his divorce certificate.  That document, on its face, looks like a divorce certificate terminating the marriage to his first wife on 1 January 2011. 

5. The parties were then married in late 2012.

6. There were difficulties with the husband’s immigration status in Australia.  In November 2015, the husband’s application for a visa was rejected when it was discovered by authorities that the divorce certificate which the husband had shown the wife was fake. 

7. The husband actually applied for and was then granted a divorce on 1 June 2015. 

8. The status of the fake divorce certificate was confirmed in proceedings in the Administrative Appeals Tribunal.  A copy of the Tribunal’s decision dated 6 April 2017 is in evidence. 

9. The wife has filed a further affidavit setting out evidence in relation to the husband’s knowledge of these proceedings and her extensive interaction with him when she was preparing her material to present to the Court in this application.  He has signed an acknowledgement of service of the initiating application, and the wife’s primary affidavit in support of that application, and the wife has filed an affidavit of proof of the signature on the husband’s acknowledgement of service.

10. I am satisfied that in late 2012 the husband was lawfully married to a person other than the wife. Accordingly, the marriage between the husband and wife on in 2012 is void and I shall grant a decree of nullity.

11. I shall make an order that the wife serve a copy of these orders and Reasons for Judgment upon the husband.

I certify that the preceding eleven (11) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 12 March 2018.

Associate: 

Date:  21.3.2018