I’ve been served with an Application for Divorce. Do I need to Respond?

If you agree with the facts in the Application but simply do not agree with the divorce going ahead, there may be little utility in defending a divorce application.

As long as you have been separated for 12 months your ex does not need your consent to the divorce.

Filing a Response under these circumstances will add to your costs and your Response may be dismissed and a divorce order made in any event.

If you disagree with the facts in the Application it may be important for you to file a Response.

Some of the reasons why you would want to file a Response include

  • Your ex is not paying child support or otherwise not adequately providing for the children financially – the Court may not make an order for Divorce if the Court is not satisfied that proper arrangements have been made for the children.
  • It has not yet been 12 months from the date of separation and your ex is attempting to fast track the divorce.
  • You otherwise disagree with the date of separation. This may be extremely important and relevant to any property settlement if it has not yet been finalised. Your ex may be attempting to gain a financial advantage by nominating a specific date of separation so as to financially disadvantage you or gain a forensic advantage for the settlement. The date of separation may be relevant to an assessment of financial contributions, for example, when an inheritance is received and how the Court treats certain assets acquired after separation.
  • Your ex has made allegations regarding abuse, alcohol abuse, or otherwise which may be relevant to any unresolved parenting matters.

If you have been served and ignore the application your ex may argue that you agreed with the date of separation nominated on the divorce as you did not respond and put on the Court record your view.

If you require assistance at this time, please make an appointment with one of our lawyers today. The better prepared you are, the more likely you will achieve a successful outcome during the most difficult stages.

You can contact us by phone or email to arrange a telephone or video-conference consultation.