There is no obligation on you to respond to an Application for a Divorce.
You only need to respond to an Application for a Divorce if:
- You object to facts stated in the application.
What are the reasons that may apply for you to oppose a divorce?
There are only very limited grounds for opposing a divorce. Given Australia has a no fault divorce system, it is not enough that you may not want a divorce or you want to get back together.
The only ground that the applicant can rely on in their Application for Divorce is that the marriage has irretrievably broken down, therefore the only way for you to oppose the divorce is to show that this has not occurred.
You must prove either that you have not yet been separated for the required twelve months or that there is a chance you will get back together.
If you want to rely on there being a chance you will get back together, you must show that both parties want to reconcile.
What steps do you need to take to oppose a divorce?
To oppose a divorce you need to prepare, file and serve a Response to Divorce form within 28 days of being served with the Application for Divorce.
Different time periods apply if you are served whilst outside of Australia.
What if you do not oppose the divorce, but there are mistakes in the application?
If you do not oppose the divorce, but there are mistakes in the application, you should seek legal advice as to whether you should prepare an affidavit to explain the facts that you believe to be incorrect. Any affidavit should be filed within 7 days of the divorce hearing. If you need any assistance with this process, don’t hesitate to contact our specialist divorce lawyers.
Do you have to attend the hearing?
Yes, if you file a response to divorce both you and the other party must then attend the hearing.
If you are served with an Application for Divorce and require some advice, please contact VM Family Law.
