Application for marriage to be declared void — duress — Family Proceedings Act 1980, ss 29(a), 30 and 31(1)(a)(i)(ii) — SS v SK [2011] NZFLR 1030 — H v V [2007] NZFLR 428. An application to declare a marriage void ab initio failed. The background was that the applicant alleged she was forced to go through with a pretend marriage ceremony with the respondent. The applicant alleged that there was duress on behalf of the chapel owner and the respondent to complete the marriage, that there was deception by the respondent in the filing of the marriage certificate and that the marriage certificate was not witnessed by the person who appeared on the certificate. The Judge noted the general principles in relation to declaring a marriage void is a presumption that consent has been given and the onus of proof rests with the applicant seeking to impeach the marriage. Section 31 of the Act sets out that a marriage may only be void where one of the parties is already married at the time of the marriage or by reason of duress, mistake or insanity or any other reason, there was at the time of the marriage an absence of consent by either party to the marriage, or that the parties to the marriage are within the prohibited degrees of relationship set out in Schedule 2. The Judge considered the principles from "SS v SK" and the background of the parties' relationship when coming to the decision. The principle from "H v V", that the fraud must go to the heart of the consent for the marriage to be void was also noted. The Judge declined the application as the evidence was not sufficient to suggest the marriage should be declared void. The Judge considered the applicant did consent and retrospectively withdrew that consent for reasons relating to relationship property and the relationship itself. An order for dissolution of the marriage was subsequently granted. Judgment Date: 24 August 2016. * * * Note: names have been changed to comply with legal requirements. * * *