Vordermaier & Vordermaier

The parties, Mr and Mrs Vordermaier, sought a divorce. The central dispute concerned the validity of their marriage, which was solemnised in a refugee camp in Thailand without a marriage certificate. The wife provided evidence of the ceremony, supported by documentary evidence including permission to marry from the United Nations and travel documents. The parties had cohabited as husband and wife for nine years. The husband did not participate in the proceedings and presented no evidence to dispute the existence of the marriage. The court was required to determine whether, in the absence of documentary proof of the marriage ceremony, sufficient other evidence existed to establish its validity.

The court considered the presumption of validity that applies to marriages in the absence of documentation. It found that the wife's evidence, coupled with the United Nations permission to marry and travel documents, constituted sufficient proof of the marriage ceremony. The court noted that the husband had not led any evidence to assert the non-existence of the marriage and had taken no part in the proceedings.

The court concluded that the marriage was valid and legal. Consequently, an order for divorce was pronounced and made, reflecting the irretrievable breakdown of the marriage which occurred in 1996.