It is increasingly common for someone to own properties in more than one country. If a couple separates, particular care is needed to make sure one person is not left with an unenforceable agreement.<\/p>\n\n\n\n
The recent Full Court case of Yadu & Orjit<\/em> [2022] FedCFamC1A 79 considered whether foreign property Orders could be enforced in Australia under the Family Law Act 1975 <\/em>(Act<\/strong>),<\/em> in the circumstances of that case.<\/p>\n\n\n\n
Consent Orders were made in another country. The orders required the husband to transfer an interest in a property in Western Australia to the wife. The husband obstructed the wife\u2019s attempts to transfer the interest, so the wife applied to the Family Court of Western Australia for injunctions compelling the husband to transfer the interest. The husband opposed the application.<\/p>\n\n\n\n
The wife was successful and the Judge made Orders requiring the husband to transfer the property to the wife. The husband appealed, arguing the Orders were beyond the Australian Court\u2019s power and not a \u201cmatrimonial cause\u201d.<\/p>\n\n\n\n
The Full Court ultimately decided the injunctive Orders were a matrimonial cause under s114(1)(e) of the Act,<\/em> in the particular circumstances of the case, and upheld them. So, the Australian court did make the husband transfer the property to the wife.<\/p>\n\n\n\n