Peters and Peters

In *Peters and Peters*, Johns J of the Family Court of Australia considered an application for a decree of nullity of marriage. The applicant, Ms Peters, sought to have her marriage to Mr Peters declared void.

The central legal issue before the court was whether the marriage between Ms Peters and Mr Peters was void at its inception. Specifically, the court was required to determine if Ms Peters was lawfully married to another person at the time of her purported marriage to Mr Peters, which would render the latter marriage void *ab initio*.

Johns J found that Ms Peters was indeed lawfully married to another person when she solemnised her marriage to Mr Peters. Applying section 51 of the *Family Law Act 1975* (Cth), which provides for the grounds on which a marriage is void, the court determined that the marriage was void due to a pre-existing lawful marriage.

Consequently, Johns J pronounced a Decree of Nullity of the marriage between Ms Peters and Mr Peters. All other extant applications before the court were dismissed.