ACT Family Law - Family Court Orders to Establish Invalidity of Marriage?

[Alberto]

My girlfriend was married overseas (in the USA) 5 years ago. However, the man she married was not divorced at the time. My understanding is that this means their marriage is not valid in Australia. However, does she need to obtain some sort of family court orders under Family (in US or Australia) to establish that their marriage is not valid?

 

[AllForHer]

I believe your partner will need to apply for an annulment of marriage to eliminate the legal complications associated with her former marriage, as Australia otherwise does legally recognise marriages domiciled in the United States. You've mentioned the USA, what's the citizenship and residency status of your partner?

 

[Alberto]

I believe your partner will need to apply for an annulment of marriage to eliminate the legal complications associated with her former marriage, as Australia otherwise does legally recognise marriages domiciled in the United States. You've mentioned the USA, what's the citizenship and residency status of your partner?

She is Australian citizen and resident. So is he

 

[AllForHer]

Then she will need a decree of nullity to have the former marriage annulled, and it will be acceptable to apply for an annulment in Australia.

Find the information and forms here: Applying for a decree of nullity - Family Court of Australia