Molina & Sanchez

In the matter of *Molina & Sanchez*, heard by Hannam J, the applicant wife sought a declaration of nullity of her marriage to the respondent. The basis for this application was that the applicant was still legally married to another party at the time of the subject marriage.

The court was required to determine whether the marriage between Ms Molina and Ms Sanchez should be declared null and void, and whether the parties should be referred to the Commonwealth Attorney-General following such a declaration on the grounds of bigamy.

Hannam J applied sections 51 and 113 of the *Family Law Act 1975* (Cth) and section 23B of the *Marriage Act 1961* (Cth). The court reasoned that the existence of a prior subsisting marriage rendered the subsequent marriage void *ab initio*. Consequently, the court declared the marriage between Ms Molina and Ms Sanchez null and void. The court also determined that a referral to the Commonwealth Attorney-General was not appropriate in these circumstances.