NIEN & VO

In the matter of NIEN & VO, Hogan J of the Federal Circuit Court of Australia considered a dispute concerning the validity of two marriages and an application for divorce. The applicant sought a divorce order, but the court was required to determine the validity of two ceremonies purporting to solemnise marriages between the parties, one in Country D in 1992 and another in Suburb B, Sydney in 1993.

The central legal issues before the court were whether the marriage solemnised in Country D was valid, whether the parties were domiciled in Australia, and whether the marriage had irretrievably broken down. Crucially, the court also had to determine whether the marriage solemnised in Suburb B, Sydney, was valid, given its potential contravention of s 113(1)(a) of the *Marriage Act 1961* (Cth). Finally, the court was required to be satisfied that proper arrangements had been made for the care, welfare, and development of the parties' only child, who had not yet attained the age of eighteen years.

Hogan J found that the marriage solemnised in Country D on 7 March 1992 was proved and that the parties were at all material times domiciled in Australia. The court determined that the ground for divorce, irretrievable breakdown, was also proved. However, Hogan J declared that the marriage solemnised in Suburb B, Sydney, was not a valid marriage as it contravened s 113(1)(a) of the *Marriage Act 1961*. The court was satisfied that proper arrangements had been made for the parties' child, B, born in 2003.

Consequently, Hogan J ordered that a divorce order be made, terminating the valid marriage on a specified date in 2015.