Taffa and Taffa

[2009] FamCA 85

FAMILY COURT OF AUSTRALIA

TAFFA & TAFFA [2009] FamCA 85

FAMILY LAW – DIVORCE – Divorce order – Where a divorce is alleged to have occurred in a foreign country – Consideration of s 104 – Determining who is the Applicant and Respondent for the purpose of a divorce application  lodged in a foreign country

Family Law Act 1975 (Cth)

APPLICANT: Ms Taffa

RESPONDENT: Mr Taffa

FILE NUMBER: SYF 5067 of 2000

DATE DELIVERED: 21 January 2009

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Le Poer Trench J

HEARING DATE: 19 August 2008
22 September 2008
17 December 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Sandroussi

SOLICITOR FOR THE APPLICANT: AYS Legals

COUNSEL FOR THE RESPONDENT: Ms Boyle

SOLICITOR FOR THE RESPONDENT: Legal Aid Commission of NSW

Orders

1. The wife’s Application for Divorce filed 23 March 2007 is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Taffa & Taffa is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 5067 of 2000

MS TAFFA

Applicant

And

MR TAFFA

Respondent

REASONS FOR JUDGMENT

Introduction

1. Before the Court is an application for divorce filed by the wife on 10 October 2006. By that application, she seeks that the marriage solemnised in March 1973 in Kuwait between she and the Respondent husband be dissolved.

2. By his Response filed in Court on 18 January 2007, the husband opposes the divorce on the ground that the parties have already been divorced in Lebanon on 24 November 1998.

3. It is the wife’s case that the divorce granted on 24 November 1998 should not be recognised by the Family Court of Australia because the provisions of s 114 of the Family Law Act (Cth) 1975 which permits the recognition of overseas decrees would not have application in this case.

Short Background Facts

1. It is common ground that the parties were married in March 1973. During the 1990’s there were a number of separations; however, it is asserted by the wife that the final separation took place on 3 March 1999 and by the husband that it took place in early 1996. The wife claims that there was an earlier separation in September 1998.

2. The parties had three children who are now adults. In 1985, the parties commenced to reside in Australia.

3. On or about 15 October 1998 the parties attended at the Z Islamic Centre. Although the husband obtained Australian citizenship in 1987, it is common ground that he remained a citizen of Lebanon (dual citizen).

4. On or about 4 November 1998 the parties attended the Lebanese embassy in Sydney and each executed a power of attorney to authorise their respective lawyers in Lebanon to proceed with the divorce application which had been filed in the Lebanon Civil Courts.

5. On 24 November 1998 the parties were divorced in Lebanon by Jaafarite Canonical Court. The translated version of the order of the Court shows that not only was the divorce granted…