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If you have been served with an Application for Divorce there are certain circumstances in which you can oppose the divorce, and correct mistakes or misrepresentations in the application itself.  You must file your response however within 28 days of the application being served upon you.  The grounds upon which you can oppose a divorce are:

  • Where there has not been 12 months separation as alleged in the application, or
  • Where the court does not have jurisdiction to hear the application.

If you have been separated for more than 12 months, there are few opportunities to oppose a divorce application.  If you can prove that the separation did not occur when you partner said it did, you may be able to delay the divorce.

If you do not want the divorce granted, you must complete and file a Response to Divorce and appear in person on the hearing date.  You need to set out the grounds on which you seek the dismissal in your responding documents.  If you do not attend, the Court may decide the divorce application in your absence.  If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

If the Court is satisfied that there is a reasonable likelihood of cohabitation being resumed it may not grant the divorce.  If the court is satisfied that a reconciliation is not possible, that you have been separated for 12 months and that proper arrangements have been made for children, the divorce will be granted.  It will not matter that you or your partner do not want a divorce, loves the other party or wants to reconcile.

This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office on Freecall 1800 609 945 or email us now.

*This information serves as a general guide and does not constitute legal advice. It is based on our research and experience at the time of publication. Please consult our knowledgeable legal team for any specific inquiries or advice relevant to your circumstances, as the content may not have been updated subsequently.