Alizadeh & Nouri

In the matter of *Alizadeh & Nouri*, heard by Monahan J, the applicant wife sought a divorce order from the respondent husband. The central dispute concerned the date of the parties' final separation, which impacted whether the divorce application had been filed more than 12 months after that separation, a prerequisite for granting a divorce order under the *Family Law Act 1975* (Cth). While the wife asserted a separation date of 5 January 2019, the husband contended that the parties had resumed cohabitation between March 2019 and September 2020, thereby disputing the timeliness of the application.

The court was required to determine two primary legal issues: firstly, whether it had jurisdiction to hear the divorce application, and secondly, whether the marriage had irretrievably broken down, evidenced by the parties living separately and apart for a continuous period of not less than 12 months immediately preceding the filing of the application. Additionally, the court needed to be satisfied that proper arrangements had been made for the welfare of the two children of the marriage, aged 8 and 6, before a divorce order could take effect.

Monahan J found that the court had jurisdiction, noting that the wife was an Australian citizen domiciled in Australia at the time of filing, and the marriage was validly established by documentary evidence. Regarding the ground for divorce, the court found that the marriage had broken down irretrievably based on a separation date not later than 5 January 2019. This finding was made despite the husband's claims of resumed cohabitation, as the court considered the evidence of travel and shared accommodation during the disputed period did not establish a resumption of living together as husband and wife under one roof for the requisite continuous period. The court was also satisfied that proper arrangements had been made for the children's welfare, with the husband not opposing this declaration given the ongoing parenting proceedings and the appointment of an Independent Children's Lawyer.

Consequently, the court ordered that a divorce order be made, which would become final in one month and one day. The court also declared that proper arrangements had been made for the care, welfare, and development of the two children of the marriage. All other extant divorce applications were dismissed. The court noted that interim parenting orders were in place, the respondent paid child support as assessed, and substantive parenting and property proceedings were listed for further directions.