Leave to proceed not required in relation to a “foreign divorce”

Case of Anderson & McIntosh [2013] FamCAFC 200 (13 December 2013)

Section 44(3) of the Family Law Act 1975 provides that proceedings for the distribution of matrimonial property cannot be heard if the parties have been divorced for more than 12 months, without leave of the Court.

In this case, the parties were divorced in a foreign jurisdiction and applied to the Court for the distribution of their matrimonial property. The Full Court of the Family Court held that the 12 month limit under section 44(3) did not apply to a “foreign divorce” and thus leave of the Court was not required.

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