Neville & Ashjaim

In the matter of Neville, the husband and wife sought to dissolve their marriage. The central dispute concerned the validity of their marriage, which had been celebrated in Armenia.

The court was required to determine whether the marriage was valid and recognised under the law of the Commonwealth of Australia, and consequently, whether a decree of dissolution of marriage should be granted.

Mushin J found that the marriage celebrated between the parties in Armenia was invalid and not recognised in Australia. Accordingly, the applications for divorce were dismissed. However, the court then granted a decree nisi of dissolution of marriage, which was to become absolute one month from the date of the order.