In a recent decision by the Federal Circuit and Family Court of Australia in the matter of Anand & Chandran [2024] FedCFamC1F 442 (28 June 2024), the court granted a decree of nullity in a case involving a marriage that took place in late 2023. The marriage was declared void on the grounds that one party was still legally married to another person at the time of the subsequent marriage, a situation known as bigamy under Australian law.
Case Background
The parties were introduced through their parents and married in a religious ceremony in late 2023. However, only a week after the marriage, the applicant informed the respondent that they were separated, leading to a dispute about the exact date of separation. The respondent contended that the separation occurred later, in December 2023, as communicated through WhatsApp messages.
Crucially, the respondent had been previously married, with the divorce from his former spouse being granted in mid-2023. However, the divorce did not take effect until late 2023—three days after the marriage to the applicant took place. The respondent claimed to be unaware that his divorce had not yet formally taken effect at the time of his marriage to the applicant.
Given these circumstances, both parties sought an annulment of the marriage, agreeing that the respondent was still legally married to his previous wife at the time of the new marriage.
Legal Grounds for Annulment
The presiding magistrate, Honourable Justice Riethmuller, made the following comments regarding this case: "In Australia, marriage is defined in s 5(1) of the Marriage Act 1961 (Cth) as the “union of 2 people to the exclusion of all others, voluntarily entered into for life”. A marriage to a second person whilst still being lawfully married to another person is not a valid marriage under Australian law: see s 23B(1)(a) of the Marriage Act."
Accordingly, the court found that the parties' circumstances rendered the marriage void under section 23B(1)(a) of the Marriage Act 1961 (Cth), which prohibits a person from being lawfully married to more than one person at a time.
This case provides a clear illustration of one of the key grounds for annulment in Australia: bigamy.
Under Australian law, a marriage is considered invalid if, at the time of the marriage, one party was already legally married to another person. This is a strict requirement, and any marriage entered into under these circumstances is void ab initio (from the beginning).
Other grounds for annulment include:
Duress or Fraud: Where one party was coerced or deceived into the marriage.
Underage Marriage: If either party was under the legal age of 18 and did not have the required court approval.
Prohibited Relationships: Marriages between close relatives, such as siblings or between a parent and child, are automatically void.
Notably, Australian law does not allow for annulment on grounds such as non-consummation of the marriage, failure to live together, or general incompatibility.
Implications of the Judgment
The court's decision in this case reaffirms the legal principle that a marriage must meet all statutory requirements to be valid. The timing of the respondent's divorce was crucial in determining the invalidity of the subsequent marriage. This case serves as an important reminder for individuals to ensure that all legal formalities, such as the finalization of a divorce, are completed before entering into a new marriage.
For those considering an annulment, it is essential to understand the specific grounds under which a marriage can be declared void. Please contact our office for free initial legal advice to ensure that all legal criteria are met before applying for a decree of nullity.
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