A common question when considering divorce is, "Do I have to sign the divorce papers?" Or can your ex-spouse stop the divorce by refusing to sign. Quick answer: under Australian rules, your divorce can proceed regardless of your ex-spouse's position.
Understanding divorce in Australia: Divorce represents the legal dissolution of a marriage. Although the term is often used, it does not cover the division of property after separation, which is more appropriately called a "property settlement". It is important to note that divorce does not determine property or child custody arrangements.
Eligibility for divorce To find out how to obtain a divorce in Australia, refer to the Family Law Act. Separation must be for a period of 12 months, and a brief reconciliation (up to three months) within 15 months is permissible, as long as the actual period of separation remains 12 months.
Can my spouse stop the divorce? Usually, the chances of objecting to a divorce are slim. Common grounds for objection include failure to fulfil the 12-month separation requirement or the lack of jurisdiction of the Australian courts over non-Australian resident couples. Less common reasons may be to challenge the legality of the marriage or its compliance with the marriage laws of the respective country.
Divorce petition: joint or separate? Both spouses can sign the petition jointly, or one of them can file it separately. In the latter case, the filed petition should be "served" on the other spouse.
How to Serve a Divorce Petition Divorce petitions are usually filed by mail to an ex-spouse with the expectation that they will file a signed acknowledgement of receipt for the court. If you suspect that your spouse does not intend to sign, a professional document delivery company or third party can deliver the documents in person. The court also allows alternative methods of service if good cause is provided, such as an uncertain address or non-receipt of the acknowledgement. Accepted alternative methods include email, text messaging or social media like Facebook. In some cases, third-party notification, called alternative service of process, may be sought. If all efforts fail, the court can still grant a divorce, which is known as a pardon for service of process. The court usually allows divorce proceedings as long as it is proven that the service of service efforts were clear.
What if my ex-spouse shows up for a court hearing? Although rare, if your ex-spouse attends and objects, the court will validate the marriage, check for a 12 month separation and confirm that your ex-spouse has been given notice. Once verified, the divorce proceedings will continue.
Concluding Words The end of a marriage is not always smooth. Ex-spouses can be challenging and even hostile. The courts recognise these challenges and can protect your details if necessary. Legal representation is usually not required in person. Therefore, if you seek to end your marriage, take this step.
Do I really need to sign divorce papers? Hopefully we have answered this frequently asked question. If you decide to move forward, please contact us to begin your divorce process.
The family law attorneys at Choi, Ching Wai & Associates can help you navigate the complexities involved in family law and provide the best legal advice you canclick hereStart your divorce petition. If you have any questions, you canContact Usfor initial help and guidance.
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