Dow and Hencken

In the matter of *Dow and Hencken*, heard by Judge Henderson, the dispute concerned an application for divorce. The wife sought a divorce order, while the husband filed a response opposing the divorce.

The primary legal issue before the Court was whether the grounds for divorce, as stipulated by the *Family Law Act 1975* (Cth), had been established. Specifically, the Court had to determine if the marriage had irretrievably broken down, evidenced by a period of separation of 12 months and two days.

Judge Henderson found that the evidence presented by the wife established the irretrievable breakdown of the marriage. The Court applied the principles of the *Family Law Act 1975* (Cth), which requires proof of separation for a minimum period to grant a divorce. The husband's response was dismissed as it did not present sufficient grounds to prevent the divorce order from being made.

The Court granted the wife a Divorce Order, which was to become absolute on 27 July 2018. Directions were made for the wife to file her application for costs by 27 July 2018, and for the husband to file his response by 7 August 2018.