Soron and Amadin

[2010] FamCA 596

FAMILY COURT OF AUSTRALIA

SORON & AMADIN [2010] FamCA 596

FAMILY LAW – MARRIAGE – Declaration that marriage is void – Void on the grounds that one party mentally incapable of understanding the nature and effect of the marriage ceremony

Family Law Act 1975 (Cth) s 51
Marriage Act 1961 (Cth) s 23(1)

APPLICANT: Mr Soron

RESPONDENT: Ms Amadin

FILE NUMBER: CAC 1350 of 2009

DATE DELIVERED: 21 June 2010

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Faulks DCJ

HEARING DATE: 21 June 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms T. Nolan

SOLICITOR FOR THE APPLICANT: Evans Yeend Family Lawyers

COUNSEL FOR THE RESPONDENT: Ms L. Strong

SOLICITOR FOR THE RESPONDENT: Strong Law Pty. Ltd.

Orders

IT IS ORDERED THAT:

1. Pursuant to the application for a decree of nullity, dated 8 November 2009, the purported marriage between Ms Amadin, born … 1983, and Mr Soron, born … 1981, at G in the Australian Capital Territory is declared void.

2. I pronounce a decree of nullity in relation to the said marriage.

3. The application for divorce filed by Mr Soron on 17 August 2009 is dismissed.

4. The matter is removed from the pending cases list.

IT IS NOTED that publication of this judgment under the pseudonym Soron & Amadin is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 1350 of 2009

MR SORON

Applicant

And

MS AMADIN

Respondent

REASONS FOR JUDGMENT

1. Under the terms of the Family Law Act1975 (Cth), I am obliged first to deal with the application for the decree of nullity.

2. An application under the Family Law Act 1975 (Cth) for a decree of nullity of marriage shall be based on the ground that the marriage is void.[1]

   [1] Family Law Act 1975 (Cth) s 51.

3. In relation to that decree, on the basis of the evidence filed on behalf of the applicant, given that the affidavits in reply have now been withdrawn, I am able, in the circumstances, to make a finding. 

4. On the balance of probabilities, at the time that the marriage ceremony was entered into between Mr Soron born in 1981 and Ms Amadin born in 1983, at the time that Mr Soron was mentally incapable of understanding the nature and effect of that marriage ceremony.

5. Pursuant to s 23(1)(d)(ii) of the Marriage Act 1961 (Cth), I pronounce a decree of nullity in relation to that ceremony.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Deputy Chief Justice Faulks. 

Senior Legal Associate: 

Date:  16 July 2010