WIFE SEEKS TO ESTABLISH REASONABLE PROSPECT OF RECONCILIATION IN AN APPLICATION OF DIVORCE FILED BY THE HUSBAND

BRADBURY & LANDER

FAMILY COURT OF AUSTRALIA

[2020] FamCA 575

This case is an Application for Divorce filed by the husband.

FACTS:

Mr. Bradbury (the husband) filed an Application for Divorce from Ms. Lander (the wife). The parties were married in 2012. The marriage is of not less than two years. The parties have lived separately and apart for a continuous period of not less than 12 months immediately before the filing of the Application for Divorce.  

The wife sought to mount a case to establish a reasonable likelihood of cohabitation being resumed.  

The parties have a child who has not yet attained the age of 18 years.  

ISSUE:

Whether or not the Application for Divorce should be granted.

HELD:

The wife sought counseling on the basis there is a reasonable prospect of reconciliation. However, the Court determined that the marriage had irretrievably broken down. The parties have lived separately and apart. Also, the wife had failed to discharge the burden of establishing a reasonable likelihood of the cohabitation being resumed.  

The Court was satisfied that proper arrangements in all the circumstances have been made for the care, welfare and development of the child as evidenced by the interim orders previously put in place to govern the child’s welfare and development pending a final hearing.