MOK & SUWAN

In the matter of *Mok & Suwan*, Benjamin J of the Family Court of Australia considered an application for a declaration of nullity of marriage. The dispute arose from the wife's assertion that at the time of her marriage to the husband in 2018 in Country B, the husband was already lawfully married to another person.

The central legal issue before the Court was whether the marriage between Mr Mok and Ms Suwan was void *ab initio* due to the husband's pre-existing lawful marriage. This required the Court to determine if the conditions for a valid marriage under Australian law were met, specifically concerning the marital status of the parties at the time of the ceremony.

Benjamin J reasoned that a marriage entered into by a person who is already lawfully married is void under Australian law. Applying this principle, and being satisfied on the evidence that the husband was indeed married to another person at the time of his marriage to the wife, the Court found the marriage to be void. Consequently, the Court declared the marriage between Mr Mok and Ms Suwan void and granted a decree of nullity.