Advice on Nullity of Marriage - Civil Law

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Civil Law

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To: Mr. Jones
From: Please Insert
Date: Please Insert
Sub: Advice on nullity of marriage
I am writing this memo in order to brief you about the aspects related to nullity of marriage
and the legalities involved in nullity of marriage. The marriage between Aibi Razma and
George Omer took place in Karachi, Pakistan on 1st December 2017. Since Pakistan is not a
signatory to the Hague Convention on Marriages as far as the international recognition of
marriage is concerned, appropriate certification is required as per the Apostille Treaty of
1961. It is to be seen whether such kind of certification has been carried out at the Australian
High Commission at Islamabad. Specification must also be done in the aspect of the
certification of the documents for marriage since Pakistan is not a signatory to the Apostille
Treaty of 1961 also unlike Australia. As a result, it is imperative that the marriage documents
are to be certified by the Ministry of Foreign Affairs of Pakistan. Such kind of certification
must imply the legal validity of such documents. The main objective of the Apostille Treaty
of 1961 implies the notarization of documentation at the international level. It is observed
form the facts of the case that the marriage was conducted as a civil ceremony in accordance
with the traditions and customs1. As a result, it should be seen whether there was a proper and
appropriate supervision by a religious body in Karachi with regard to the registration of the
marriage since it is inferred by the facts that the marriage was conducted as per the customs.
It is also implied from the facts that George Omer is a citizen with regard to the validity of
marriage in accordance with Article 1 of the Hague Convention on Marriages. Section 11 of
the Marriage Act of 1961 implies that the age for the eligibility of marriage is eighteen years2.
As a result, it is implied form the facts that on the date of marriage that is 1st December 2017,
the parities to the marriage Aibi Razma and George Omer were eighteen years of age or
above as far as Article 1 of the Hague Convention on Marriages is concerned. The facts of
the case also imply that initially Alibi was not interested in marriage until she was persuaded
1 Apostille Treaty 1961
2 Marriage Act 1961

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by her mother for the same. As a result, it can be inferred from Article 1 (5) of the Hague
Convention on Marriages that there was no consent for marriage on part of Aibi Razma as far
as the aspect of free will is concerned with reference to invalidation of marriage3.
Additionally, if the marriage has not been accompanied by the required certification as far as
international notarization is concerned with regard to Hague Convention on Marriages and
the Apostille Treaty of 1961, then the aspect related to nullity of marriage would be applied
accordingly as such a marriage would be considered illegal in Australia4. If it is inferred that
the marriage is in contravention of the public policy, such a marriage would be invalidated as
per Article 14 of the Hague Convention on Marriages. Article 13 of the Hague Convention on
Marriages implies that the rules of law with regard to marriage would be applied by Australia
as far as the recognition of the marriage is concerned taking account of the facts of the case.
Section 39 of the Family Law Act of Australia implies that proceedings pertaining to
matrimonial causes may be filed in the Family Court of Australia or the Supreme Court of
Victoria. Sub-section 1 of Section 4 of the Family Law Act of Australia implies that a
matrimonial cause implies the proceedings for the nullity of marriage as far as the facts of the
case are concerned. Sub-section 3 of Section 39 of the Family Law Act of Australia implies
that as per the facts of the case, such a matrimonial cause is valid since George Omer is a
citizen of Australia5. The facts of the case imply that both Aibi Razma and George Omer are
staying at different residences after the separation between them. It is to be seen whether
there is a separation order capitulating upon the separation between Aibi Razma and George
Omer within the meaning of Sub-section 1 of Section 4 of the Family Law Act of Australia.
Such kind of separation order does not include any decree with reference to the nullity of
marriage or judicial separation. Rather it implies the protection of a party to a marriage from
any kind of forceful cohabitation. Apart from court, alternative means may be sought in the
form of arbitration. Such kind of arbitration would be conducted within the meaning of Sub-
section 1 of Section 10 L of the Family Law Act of Australia. The consent of both Aibi
3 Hague Convention on Marriages 1978
4 Mathias Reimann, and Reinhard Zimmermann, eds. The Oxford handbook of comparative law. (Oxford
University Press, 2019).
5 Family Law Act 1975