1: Oliver (Deceased) & Oliver [2014] FamCA 57 | February 12, 2014

Court or Tribunal: Family Court of Australia
Catchwords: Marriage, Mental Incapacity, Nullity
Judges:  Foster J


Background: This was an unlikely marriage, according to the Judge. The groom was 78, about to move into a nursing home and suffering from dementia. The bride was his 49-year-old former cleaner. Weeks earlier, she had accompanied her fiance to his solicitor to change his will to leave her everything. The details of this improbable union were recounted by Justice Garry Foster, who has been asked to declare the marriage void because of the mental incapacity of the husband. 
 
  [Legal Issue]Taking into account the likely ''financial motivations'' of the woman, the financial disparity between the pair and his cognitive incapacity and dementia, Justice Foster concluded the man did not have the capacity to understand the nature and effect of his marriage to the woman. Adding to the tiny number of decisions in Australia, Justice Foster declared the Olivers' marriage void in accordance with section 23B(1)(d)(iii) of the Marriage Act 1961 (Cth).   [Court Orders]That the marriage of Mr Oliver and Ms Oliver solemnised on ... April 2011 be declared as void in accordance with section 23B(1)(d)(iii) of the Marriage Act 1961 (Cth).     


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