Price and Underwood (No. 2)

In *Price and Underwood (No. 2)*, the applicant sought a divorce from the respondent. The proceedings were before Watts J in the Family Court of Australia.

The primary legal issue before the court was whether to grant a divorce order, notwithstanding that the court was not satisfied that proper arrangements had been made for the care, welfare, and development of the parties' child. A further issue was whether to reduce the period at which the divorce order would take effect.

Watts J found that the husband was domiciled in Australia at the time of filing the application and that the parties were married in Melbourne in February 1986. The court found the marriage had irretrievably broken down, with separation occurring no later than 3 April 2007. The court declared that there was one child of the marriage, born in September 1991. Crucially, the court found circumstances justifying the divorce order taking effect despite the lack of satisfactory arrangements for the child.

Consequently, Watts J made a divorce order and declared that the divorce order would take effect at the rising of the court, pursuant to s. 55(2)(b) of the *Family Law Act*. Ms N Underwood was appointed as case guardian, and leave was granted for her solicitor to file an Application for Divorce. The Family Law Rules regarding special service of the application were dispensed with to allow the matter to proceed.