Can I oppose a divorce application in court?
Published 17 Apr 2018
For a married couple, divorce is the final step of separation. While the journey to getting to a divorce is different for every couple, the overall legal process remains consistent.
Known as the no-fault divorce principle in Australian law, the court doesn't consider why the marriage failed - only that there is no chance for a reconciliation and that the divorce meets the threshold of a dissolution of marriage under Part VI of the Family Law Act 1975.
However, what happens when you don't agree with the divorce application? Are you able to challenge this process in court? This is where a family lawyer can assist, taking your specific case and talking about your range of options.
The 12-month period
One of main points that the Court uses to determine that the marriage has broken down irretrievably is that you've been separated for at least 12 months. This not only means living separately, but also paying bills and looking after children independently.
As such, if this 12-month period is in play, it can be tricky to challenge the divorce process. It's not impossible, but as a general rule, you can only oppose a divorce if that 12 month period hasn't been met or the Court doesn't have jurisdiction.
Proving your case
If you believe that the divorce application shouldn't proceed, your only option is to appear in person on the hearing date. In addition to this, you'll have to file a Response to Divorce document and set out these grounds in the hearing.
It's important to attend the hearing in person as, if you don't, the Court could make a ruling on the divorce application regardless. Of course, once a ruling is made in court, it can be extremely time-consuming and costly to make further appeals and applications.
How will a family lawyer support your case?
As experienced and trained family lawyers, Malouf Solictors will ensure that your case is well-represented and present any details to the court that support your application. Appealing a divorce application can be a little tricky as it requires you to prove certain facts, but with an expert team behind you, this gives you the best chance of success.
If you believe that your marriage doesn't meet the divorce criteria and want to challenge the application, get in touch with us today - we look forward to working through the details of your case.
Please call us on 02 8833 2000 to speak with a lawyer
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