LIN & NICOLL

In the matter of *Lin & Nicoll*, heard before Justice Dawe, the dispute concerned the validity of a marriage and the grounds for its dissolution. The parties, Ms Lin and Mr Nicoll, sought a divorce order.

The court was required to determine whether the marriage, solemnised in South East Asia in 1978, was valid according to Australian law. Further, the court needed to ascertain the domicile and citizenship of the parties, and whether the marriage had irretrievably broken down, as required for a divorce order under the *Family Law Act 1975* (Cth). The court also had to confirm the absence of any children of the marriage under the age of 18.

Justice Dawe found that the marriage of Ms Lin and Mr Nicoll in 1978 was valid. The court also determined that both parties were domiciled in and citizens of Australia. Crucially, the court found that the ground of irretrievable breakdown of the marriage was established.

Consequently, Justice Dawe pronounced a divorce order for the dissolution of the marriage, which was to become effective one month from the date of the order. The court further declared that there were no children of the marriage who had not already attained the age of 18 years.