BORRA & DOSHI

In the matter of *Borra & Doshi*, heard by Judge Carter, the husband, Mr Borra, applied for a divorce from his wife, Ms Doshi. The wife opposed the making of the divorce orders, raising a dispute as to when the parties separated. The proceedings were conducted on submissions only, with the court noting an inability to make specific findings of fact.

The central legal issue before the court was whether the marriage had broken down irretrievably, as required by section 48 of the *Family Law Act 1975* (Cth) for a divorce order to be granted. The court also considered the wife's failure to file written submissions in support of her opposition.

Judge Carter found that the marriage was proved and that the husband was at all material times domiciled in Australia. Despite the wife's opposition and the lack of detailed factual findings, the court concluded that the ground for the divorce, namely the irretrievable breakdown of the marriage, was proved. The court noted that no children of the marriage required consideration under section 55A(3) of the Act.

Consequently, the court made a divorce order, to take effect on 15 September 2020, thereby terminating the marriage. The wife's response to the divorce application was dismissed, and all other extant applications were also dismissed, with the matter removed from the court's pending cases list.