Maider & Carrigan

In *Maider & Carrigan*, Dawe J of the Family Court of Australia considered an application for divorce by the wife, which was opposed by the husband. The husband's opposition was based on the assertion that a divorce had already been granted to the parties in Pakistan. The central dispute therefore concerned the validity and recognition of the purported overseas divorce under Australian law, specifically pursuant to section 104 of the *Family Law Act 1975* (Cth).

The court was required to determine whether the divorce purportedly granted in Pakistan was valid according to Pakistani law, and consequently, whether it should be recognised as a valid dissolution of the marriage under Australian legislation. Furthermore, the court had to consider whether the necessary requirements for an Australian divorce had been proven, and whether a decree nisi should become absolute despite the court not being satisfied that proper arrangements had been made for the children of the marriage.

Dawe J found that the marriage had not been dissolved by the Pakistani proceedings. The court was satisfied that the requirements for an Australian divorce had been met. Notwithstanding the court's reservations regarding the arrangements for the children, it was deemed appropriate to proceed with the divorce. The court also ordered that the husband pay the wife's costs of the divorce application and his response, as he had not appeared and was wholly unsuccessful.