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Darvish v Cheng [2023] NZFC 4075

Published 28 March 2024

Application to declare marriage void ab initio — bigamy — Family Proceedings Act 1980, ss 29-31 — Crimes Act 1961, ss 205 & 206 — X v Y HC Auckland M557/97, 16 February 1997. The parties had married in 2019 in New Zealand, the second marriage for both of them. The applicant had first been married overseas and this marriage had been dissolved prior to the parties' marriage in New Zealand. The respondent had also been married overseas (in China) but this marriage was not dissolved until after the parties married. Following the parties' separation, the applicant applied to have their marriage declared void ab initio on the basis that the respondent was not entitled to marry, being married to someone else. Where a marriage is declared void ab initio, it is voided as if the marriage had never occurred. The Court considered the application and determined that there was sufficient evidence to support the application. The Judge granted the application and declared the parties' marriage void ab initio. Judgment Date: 26 April 2023.