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Family Law Judgments

Family Law Judgments

By Robert Glade-Wright

Courts Judgment 


Validity of foreign marriage under Part VA of the Marriage Act In Ghazel & Ghazel and Anor [2016] FamCAFC 31 (4 March 2016) the Full Court (Finn, May & Austin JJ) heard the wife’s appeal against Hogan J’s dismissal of her application under s88D of the Marriage Act 1961 (Cth) (MA) for a declaration of validity of the parties’ marriage which was valid under the law of Iran. The wife (who was born in England) married the husband in Iran in 1981. Hogan J said at [2] that the law of that country “permitted a husband subject to certain conditions to take up to three additional wives. Thus, the marriage of the parties in Iran can be described . . . as a ‘potentially polygamous marriage’”. Hogan J had held at [10] that the definition of marriage in s5(1) of the MA as a union “to the exclusion of all others voluntarily entered into for life” meant that under Part VA (s88B(4) of the MA) a marriage solemnised in a foreign country “must be monogamous for it to be recognised in Australia”.

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