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.

Riverside home claims state House of the Year title

A Sunshine Coast luxurious riverside residence has taken out the House of the Year Award at the 40th annual Master Builders Queensland Housing & More

Camera concern prompts shopping centre review

Questions have been raised about the privacy of shoppers using change rooms near a security camera at a retail centre. The issue was raised in More

Multimillion-dollar performing arts centre unveiled

A $37.5 million facility featuring purpose-built music, drama and performance spaces has opened at a Sunshine Coast school. Almost two years after construction started, the More

Teenager charged with 62 driving offences

A Sunshine Coast teenager has been charged with 62 offences following a police investigation into alleged hooning across three districts. Police allege the 17-year-old Imbil More

Apartment tower approved above height limit

An 18-storey residential development beside a main road has been approved despite significantly exceeding the current height limit. Sunshine Coast Council has given the green More

Call for renewed search in decades-old murder case

Twenty-seven years after 16-year-old Sunshine Coast girl Jessica Gaudie vanished, her sister is calling for a renewed search. It was August 1999 when Burnside State 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