Coric & Coric

The matter involved a dispute between Mr Coric and Ms Coric in relation to a divorce application. The key issues before the court were the date of separation and whether there had been any reconciliation of the relationship following the separation. The Federal Circuit and Family Court of Australia was tasked with determining the facts of the case and applying the relevant legal principles.

The court had to decide whether the parties had genuinely separated and if there had been any resumption of cohabitation or the matrimonial relationship post-separation. The Court examined the evidence provided by both parties, including the letter from the Child Support Agency dated 15 September 2014 which conveyed the respondent's intention to separate. The applicant did not challenge the receipt and content of this letter during cross-examination. The respondent's failure to properly address this evidence in her affidavit further supported the Court's findings. The Court found that the date of separation was 15 September 2014 and that there had been no reconciliation in terms of sexual relations and intimacy between the parties after that date. The Court also found that there was no resumption of cohabitation or of the matrimonial relationship after the separation.

In reaching its decision, the court relied on sections 48 and 49 of the Family Law Act 1975 (Cth), which define separation and the conditions under which a marriage may be deemed to have broken down. The Court highlighted that separation involves more than just physical separation and requires an intention to sever or not resume the marital relationship. The Court concluded that the evidence supported the finding that the marriage had irretrievably broken down.

The court made an order for divorce of the parties to the marriage pursuant to section 48 of the Family Law Act 1975 (Cth). The divorce order would take effect at the expiration of one month from the date of the order. The Court also noted that there were no children who had not attained 18 years of age and that the form of the order was subject to the entry in the Court’s records.