FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Forman & Calhoun [2024] FedCFamC2F 1230
File number(s): MLC 10747 of 2023 Judgment of: JUDGE A. HUMPHREYS Date of judgment: 6 September 2024 Catchwords: FAMILY LAW – DIVORCE – husband’s application for divorce in relation to an overseas marriage – respondent wife opposes application for divorce asserting the marriage the subject of the husband’s amended application was to a person other than her – court satisfied the respondent wife was a party to the marriage the subject of the amended divorce application – application for divorce granted – court satisfied proper arrangements have been made for the care, welfare and development of the child of the marriage – divorce order made, to take effect after the expiration of a period of one month. Legislation: Evidence Act 1995 (Cth) ss. 91, 140
Family Law Act 1975 (Cth) ss. 39, 48, 55A, 102, 102NA
Marriage Act 1961 (Cth) ss. 23B, 88C, 88D, 88G
Cases cited: Blatch v Archer (1774) 1 Cowp 63; 98 ER 969
Henry & Henry (1996) 185 CLR 571; FLC 92–685
Keene & King [2011] FMCAfam 1117
Kuhl v Zurich Financial Services AustraliaPty Ltd (2011) 243 CLR 361; [2011] HCA 111
Lengyel v Rasad (No 2) (1990) FLC 92–154
Rahimi & Moradi [2023] FedCFamC1F 151
T & T (1984) FLC 91–588; [1984] FamCA 66
Wei & Xia (No 5) (2023) 67 Fam LR 421; [2023] FedCFamC1F 679
Division: Division 2 Family Law Number of paragraphs: 107 Date of hearing: 12 – 14; 16 August 2024 Place: Melbourne Counsel for the applicant: Mr Riordan Solicitor for the applicant: Hartleys Lawyers Representative for the respondent: Self-represented ORDERS
MLC 10747 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR FORMAN
Applicant
AND: MS B CALHOUN (ALSO KNOWN AS MS CALHOUN)
Respondent
ORDER MADE BY:
JUDGE A. HUMPHREYS
DATE OF ORDER:
6 SEPTEMBER 2024
THE COURT FINDS THAT:
1.The marriage of the parties, Mr Forman and Ms B Calhoun (also known as Ms Calhoun) in Country C in early 2014, is proved.
2.The applicant was at all material times domiciled in Australia.
3.The ground for the application for a divorce order, namely that the marriage has broken down irretrievably, is proved.
THE COURT ORDERS THAT:
4.A divorce order be made, to take effect on 7 October 2024, terminating the marriage from that date.
BY WAY OF ORDER, THE COURT DECLARES:
5.There is only one child of the marriage who has not attained the age of 18 years, being X born in 2015.
6.The court is satisfied proper arrangements in all the circumstances have been made for the care, welfare and development of that child.
THE COURT FURTHER ORDERS THAT:
7.All extant applications be dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family…
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- Forman & Calhoun [2024] FedCFamC2F 1230
- Case
- [2024] FedCFamC2F 1230
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CaseChat Overview and Summary
The court found that the marriage between Mr Forman and Ms Calhoun was proven, and that Mr Forman had been domiciled in Australia throughout the relevant period. It also concluded that the marriage had irretrievably broken down, satisfying the requirement for divorce. The court examined the evidence regarding the identity of the respondent and was satisfied that Ms Calhoun was indeed the person married to the applicant in Country C. Additionally, the court was satisfied that proper arrangements had been made for the care, welfare, and development of the child of the marriage.
The court granted the divorce application, ordering that the divorce take effect on 7 October 2024. It declared that there was only one child of the marriage who had not attained the age of 18 years and that proper arrangements had been made for the child’s welfare. All other applications were dismissed. The form of the order is subject to the court’s records and may be reviewed for minor errors or variations.
Orders
Orders of the court
MLC 10747 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR FORMAN
Applicant
AND:
MS B CALHOUN (ALSO KNOWN AS MS CALHOUN)
Respondent
ORDER MADE BY:
JUDGE A. HUMPHREYS
DATE OF ORDER:
6 SEPTEMBER 2024
THE COURT FINDS THAT:
1. The marriage of the parties, Mr Forman and Ms B Calhoun (also known as Ms Calhoun) in Country C in early 2014, is proved.
2. The applicant was at all material times domiciled in Australia.
3. The ground for the application for a divorce order, namely that the marriage has broken down irretrievably, is proved.
THE COURT ORDERS THAT:
4. A divorce order be made, to take effect on 7 October 2024, terminating the marriage from that date.
BY WAY OF ORDER, THE COURT DECLARES:
5. There is only one child of the marriage who has not attained the age of 18 years, being X born in 2015.
6. The court is satisfied proper arrangements in all the circumstances have been made for the care, welfare and development of that child.
THE COURT FURTHER ORDERS THAT:
7. All extant applications be dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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