KOELL & MADER

In the matter of *Koell & Mader*, the Federal Circuit Court of Australia was required to determine whether to grant a divorce order. The applicant sought a divorce, but the respondent filed a Response to Divorce, indicating an intention to oppose the application.

The central legal issue before the court was whether the grounds for divorce, as stipulated in the *Family Law Act 1975* (Cth), had been established, notwithstanding the respondent's opposition. Specifically, the court had to consider if the marriage had irretrievably broken down, as evidenced by a period of separation of at least 12 months.

The court found that the parties had been separated for a period exceeding 12 months and that there was no reasonable likelihood of reconciliation. The respondent's opposition, while noted, did not present sufficient grounds to prevent the granting of the divorce order under the relevant provisions of the *Family Law Act 1975* (Cth).

Consequently, the court dismissed the respondent's Response to Divorce and granted the Divorce Order, which would become effective one month from the date of the order.