100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Ex-factors: so you want a divorce, but what if your former partner doesn't agree?

Do you have a news tip? Click here to send to our news team.

Man taken into custody after residents evacuated

A man in his 50s has been taken into custody without incident following a welfare check that led to an emergency declaration and evacuations. Police More

Airport plan enters consultation phase

Public feedback is open on a plan to transform almost 34ha of former Sunshine Coast Airport runway land. The Airport North Precinct Master Plan proposes More

Visitors question fee to climb icon

A fee to climb inside one of the Sunshine Coast’s best-known landmarks has sparked hundreds of comments from people who remember the experience being More

Two NYE fireworks shows set to continue

The Sunshine Coast’s main New Year’s Eve celebration could settle into a more permanent format after several years of changes. Sunshine Coast Council officers are More

Surf club named Australia’s best

A Sunshine Coast surf lifesaving club has capped a standout season with national recognition. Kawana Waters Surf Life Saving Club has been crowned Surf Life More

Two historic cemeteries soon to reach capacity

A council is limiting reservations for new burial sites at two hinterland cemeteries as it prepares to transition the sites into perpetual care. Sunshine Coast More

Filing for divorce is a separate issue to a property settlement and/or parenting arrangements.

This is because a divorce is dealt with independently. A divorce merely refers to the dissolution of a marriage.

Filing for divorce does not decide any financial or parenting issues and these will need to be dealt with separately.

Once the divorce is finalised, it will start a limitation period for property settlement/spousal maintenance.

You will have 12 months to file an Application in the Court after the Divorce Order takes effect.

If your ex is not agreeing to the ‘divorce’, they can only oppose the Order on two grounds:

1. That you have not been separated for the required period of 12 months; or

2. That the Court does not have jurisdiction to grant the divorce.

The first is relatively self-explanatory, in that you and your ex must be separated for a period of 12 months before you can file for Divorce.

It is important to note that you can be separated and living under the same roof during this period.

Further, you can recommence your relationship for up to 3 months before having to restart that 12-month period, but you must be separated for a total period of 12 months.

The second relates to lack of jurisdiction. To avoid this occurring, you or your ex must either be an Australian Citizen, live in Australia and consider it your permanent home, or normally live in Australia and have lived here for at least 12 months before filing the Application for Divorce.

If none of these apply to you, or your ex, then the Court will not have jurisdiction to grant your Divorce.

Other ways that your ex could get in the way of you obtaining a divorce Order are:

1. If you have been married for less than two years, you and your ex can only obtain a divorce if you agree to counselling or if there are special circumstances.

2. If there is a reasonable likelihood that you will resume your relationship and your ex can satisfy the Court of that.

Rebecca Simpson is a senior associate at Catton & Tondelstrand Lawyers and specialises in all aspects of family law, including both property and complex parenting matters, domestic violence, and child protection matters.

Read more at ctlawyers.com.au/blog.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share