Help adding to my answer with some relevant case law and legislation. Is there any reference to them moving out and moving back in?

also is it anything about the 2 year marriage?

Answer in Ilac. this is the question. Molly, comes to see you today, referred by another firm. Molly was born in Australia and is an Australian citizen. After finishing her business degree, she left Australia to backpack around Europe 5 years ago. She meant to return in 2021 but her return was delayed because of COVID-19 and she secured work in a pub in Bucharest, Romania, where she met Igor Radu, a Romanian citizen, who worked in the same pub as a chef. Molly fell 'head over heels' in love with Igor. She stayed living in Romania. On 1 November 2022, Igor and Molly were married in Romania. In August 2023, Molly became very homesick and told Igor she wanted to go back to Australia. Igor said 'Molly, I love you. I am your husband. I would love to go to Australia with you and live with you there forever'. The couple arrived in Australia on 25 October 2023 and settled into a flat in Sydney. Molly found work quickly with an accounting firm. Igor had trouble finding work. In November 2023, Igor introduced Molly to, Sofia, a Romanian friend who was also living in Sydney. The couple often caught up with Sofia for drinks or dinner. On 3 December 2023, Molly and Igor were getting ready to go out. Igor was in the shower and Molly heard a message go to his phone. Molly had a look at Igor's phone. The message was from Sofia. It said: 'When can I see you again?'. Molly saw a thread of messages between Sofia and Igor, setting up meetings. Molly confronted Igor about the messages. Igor admitted that he had been having an affair with Sofia. Molly demanded that Igor leave, the apartment, which he did. Molly said, 'That's it, this marriage is over'. On 10 December 2023, Igor contacted Molly to talk. He came to the apartment and apologised for the affair. He told Molly that it was just because he was homesick and depressed about not being able to find work. He assured her the affair was over and wanted to start again. Molly let him move back in and they lived together until 15 March 2024. On that day, the couple had an argument about Igor not doing enough to find work. The argument got heated. Igor said, 'You know what, I never loved you. I only married you so that I could live in Australia and I knew you would support me. I'm just waiting to qualify for Centrelink and then Sofia and I are going to get our own place. She was my girlfriend back in Romania. I only came back to you because I can't afford to move yet. You are so stupid. I can't believe you fell for it!'. He left the apartment and never came back. Molly has come to see you today. As far as Molly is concerned, the marriage is over. In fact, she wished it never happened. She believes that she was completely tricked by Igor and feels ashamed and embarrassed. She does not know whether the Romanian marriage will be recognised here anyway and, if it is, wants to know if it possible to get the marriage voided as she believes that Igor has completely defrauded her. Molly says she has heard you can get a marriage voided if someone has tricked you into marrying them. If not, she wants to know if she can apply for a divorce in Australia and, if so, when she can first apply for a divorce, when will the divorce be finalised, and any other issues that might be relevant to such an application.

Advise Molly.

This is my answer A marriage may be voided in Australia on the grounds outlined in s 23B of the Marriage Act 1961 (Cth), which includes cases where the consent of either party was obtained by fraud. Igors admission that he never loved Molly and only married her to move to Australia suggests that Molly's consent was obtained by fraud, however proving fraud can be complex and requires substantial evidence. In the case of "marriage of Deniz", held that the marriage could be voided if consent was obtained through deceit, and for immigration benefits as the purpose of the marriage. This case is very similar to Molly's situation, where Igor had confessed to marrying her to be able to live in Australia. Therefore Molly could argue the misrepresentation about his intentions for their marriage constitutes fraud.

In summary, McCall J's reasoning emphasizes the distinction between misrepresentations about collateral matters, like a person's qualities or future intentions, and fraud that directly impacts the essence of the intention to marry. The focus is on consent; traditionally, once a marriage ceremony is proven, consent is presumed, and the burden to prove the absence of real consent lies with the individual seeking annulment. Past cases have established that fraud sufficient to annul a marriage does not encompass deceit that merely induces consent to marry but rather requires fraud that goes to the very foundation of the marriage contract itself. Thus, fraudulent claims about personal qualities or future plans do not meet the threshold for annulling a marriage based on lack of genuine consent.

Therefore we can conclude that marriage to Igor is likely recognized in Australia, While Molly may argue that the marriage was obtained by fraud, proving this to the extent required to have a marriage voided could be quite challenging. The most practical option for Molly is to apply for a divorce under the Family law Act. to apply for a divorce after the requisite 12 month separation period, which would be from 16 March 2025.

The family Law Act 1975 (Cth) governs the dissolution of marriages in Australia.

The Family Law Act 1975 (Cth) governs the dissolution of marriages in Australia. Section 48 stipulates that either party to a marriage can apply for a divorce if the marriage has broken down irretrievably. To satisfy the court of this, the couple must have been separated for at least 12 months prior to filing the application (Section 48(2)). The principle of "no-fault divorce" means the reasons for the breakdown do not need to be proved beyond the existence of an irretrievable breakdown. The divorce only becomes final when the court issues a Decree Absolute, following the initial Decree Nisi.

Molly's more straightforward option is to apply for a divorce under the Family Law Act. Since Molly and Igor have already been separated since 15 March 2024, Molly can apply for a divorce after 12 months of separation, i.e., from 16 March 2025. The divorce application can be submitted to the Family Court of Australia or the Federal Circuit Court, and once the application is processed and a hearing is held, the divorce can be finalized one month and one day after the order is made, provided the court is satisfied that proper arrangements have been made for any children.

In conclusion the most practical course of action would be to apply for a divorce after the requisite 12-month separation period, which would be from 16 March 2025. Upon applying for a divorce, she should ensure all requirements are me