Published 17 December 2024
Application for dissolution — foreign marriage — foreign proceedings — lawyer to assist — Family Proceedings Act 1980, s 39(2). The applicant had filed an application for dissolution of the parties' marriage. The parties married in India, and were married for approximately one year prior to separating. The respondent wife opposed the application for dissolution. There were also active civil proceedings in India between the parties. The Court appointed a lawyer to assist in determining whether granting the application for dissolution would have any material impact on those civil proceedings. The Court determined, based on the report commissioned by the lawyer to assist, that granting the dissolution application would not materially impact on the proceedings in India between the parties. The Court found the dissolution criteria was made out; namely that the parties had been living separately for more than two years. The Court made an order dissolving the parties' marriage. Judgment Date: 16 August 2024. * * * Note: names have been changed to comply with legal requirements. * * *
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