WELLARD & CLAPTON

In the Family Court of Australia, Ms Wellard and Mr Clapton sought a divorce of their Australian marriage solemnised in 2018. However, the central dispute revolved around the validity of a prior marriage ceremony conducted in Country B in 2014, which the parties believed was not legally recognised in that jurisdiction.

The court was required to determine whether the parties were validly married in Country B in 2014, and consequently, whether their subsequent Australian marriage in 2018 was void. The court also considered the prohibition against second marriage ceremonies and whether the circumstances of the Australian marriage fell within the provisions of section 23B(1) of the *Marriage Act 1961* (Cth).

Berman J found that the marriage ceremony conducted in Country B in 2014 constituted a valid marriage under the laws of that country. His Honour reasoned that the Australian marriage in 2018 was therefore void, as it contravened the prohibition against bigamy, even though the specific circumstances did not strictly fall within the exceptions enumerated in section 23B(1) of the *Marriage Act 1961* (Cth).

Consequently, the court declared the marriage solemnised in Australia in 2018 to be null and void and dismissed the parties' joint application for a divorce of that marriage. A divorce order was made in respect of the valid marriage solemnised in Country B in 2014.