Forman & Calhoun

Case [2024] FedCFamC2F 1230


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
Decision Date

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia considered an application for divorce brought by Mr Forman, the applicant, against Ms B Calhoun (also known as Ms Calhoun), the respondent, who was his wife in a marriage conducted in Country C in early 2014. Ms Calhoun opposed the divorce application, asserting that the marriage in question was to a person other than her. The court was tasked with determining whether the marriage was indeed between the applicant and the respondent and whether the grounds for divorce had been proven.

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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