SOSENE & SOSENE

[2019] FamCA 512

FAMILY COURT OF AUSTRALIA

SOSENE & SOSENE [2019] FamCA 512

FAMILY LAW – NULLITY – Application for declaration – Where at the time of the marriage the respondent was married to another person – Declaration of nullity made.

Family Law Act 1975 (Cth) s 51 Marriage Act 1961 (Cth) s 23B(1)
APPLICANT:	Ms Sosene

RESPONDENT: Mr Sosene

FILE NUMBER: PAC 1428 of 2019

DATE DELIVERED: 1 August 2019

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 22 July 2019

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Ralph

SOLICITOR FOR THE RESPONDENT: Ms Morey (duty solicitor)

Orders

1. That it be declared that the marriage between the applicant Ms Sosene and the respondent Mr Sosene conducted at City C, Country D in 2007 is a nullity.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Sosene & Sosene has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 1428  of 2019

Ms Sosene

Applicant

And

Mr Sosene

Respondent

REASONS FOR JUDGMENT

1. The applicant seeks a declaration that the marriage ceremony entered into between her and the respondent in City C, Country D in 2007 is void and for a decree of nullity to be granted.

2. On 22 July 2019 the matter came before this Court. Both parties were in attendance. The solicitor appearing for the husband on a duty basis indicated that she had obtained instructions from the respondent husband who did not oppose the application for nullity.

Background

1. The respondent married Ms A (“the first wife”) at the E Church in Suburb B, NSW in 2001: Marriage Certificate annexed to Affidavit of the Applicant.

2. The applicant and respondent then met in Sydney in or around 2004 and married in City C, Country D in 2007: Marriage Certificate annexed to the Affidavit of the Applicant.

3. At the time of marriage the respondent asserted on the marriage certificate that he was a bachelor, not having previously been married. Such a representation was blatantly false.

4. At some point in or around 2007, the applicant was informed by family members of the respondent that the respondent had been married previously. When the applicant confronted the respondent about this, he denied that this was the case.

5. In January 2016 at the request of the applicant, the respondent obtained a copy of his marriage certificate between him and the first wife, therefore, confirming his prior marriage in 2001. The respondent subsequently discovered that the respondent was also divorced from the first wife, with his divorce having been finalised in 2013: Divorce Order annexed to the Affidavit of the Applicant.

6. On 28 March 2019, the applicant filed an Initiating Application and supporting affidavit seeking that her marriage to the respondent be declared null and void.

Applicable Law

1. Pursuant to s 51 of the Family Law Act 1975 (Cth) a decree of nullity may be granted on the ground that the marriage is void.

2. Section 23B (1) of the Marriage Act 1961 (Cth) provides that, inter-alia, a marriage is void where “either of the parties is, at the time of the marriage, lawfully married to some other person”.

3. For the reasons given above the applicant is entitled to the relief sought by her.

4. A declaration will be made that the marriage between the applicant and the respondent conducted in City C, Country D in February 2007 is a nullity.

I certify that the preceding twelve (12) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Foster delivered on 1 August 2019.

Associate: 

Date:  1 August 2019