Rutherford & Safi 2014 FamCA 154

The case involved a polygamous marriage that had occurred in an African country and that was recognised as valid in that country and culture.

The judge noted that affidavit material had been presented and was not contested.  The affidavit stated that the second marriage occurred at a time when the man was still married to his first wife, so was polygamous.

The judge ruled that the second marriage could not be recognised under Australian law.

 

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