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A couple in Australia had their marriage annulled after the bride testified in court that she thought the ceremony was part of a "prank" video orchestrated by the groom for social media clout.
"A marriage that takes place after the commencement of this Act, not being a marriage that is void, is voidable, where, at the time of the marriage: (a) either party to the marriage is incapable of consummating the marriage; (b) either party to the marriage is: (i) of unsound mind; or (ii) a mental defective;
A person who goes through a marriage ceremony in Australia when still legally married to another person, whether under Australian law or a law of another country, commits an offence of bigamy, which is subject to a maximum 5 years imprisonment, [6] and the marriage is void.
What constitutes a void marriage is determined by section 23 of the Marriage Act 1961 [6] The distinction that existed before 1975 between void and voidable marriages no longer exists. In addition, the 1975 Act also abolished the legal concept of non- consummation of marriage as a ground for annulment, [ 7 ] [ 8 ] so that a divorce application ...
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate.
Since 1975, Australian law provides only for void marriages. Before 1975, there were both void and voidable marriages. Today, under the Family Law Act 1975 (Cth.) a decree of nullity can only be made if a marriage is void. [22] A marriage is void if: [23] [24] [25] one or both of the parties were already married at the time (i.e. bigamy)
If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws. Bigamy is a crime in most countries that recognise only monogamous marriages. When it occurs in this context often neither the first nor second spouse is aware of the other.
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