My Husband or Wife does not want a Divorce…what now?
In Australia, we have a no-fault Divorce system, which means that you do not need a reason to obtain a Divorce from the Federal Circuit Court of Australia.
To obtain a Divorce from the Court, you are only required to show that you and your Husband or Wife have been separated for at least twelve months, as the Court has to be satisfied that there has been an irretrievable breakdown of the marriage and essentially that there are no prospects of you and your Husband or Wife reconciling.
If your Husband or Wife does not want a Divorce, this does not prevent a Divorce being granted, as you can make a Sole Application for Divorce to the Court. Whilst your Husband or Wife is allowed to object to the Divorce by filing an appropriate Form with the Court, unless they are able to evidence that you have not been separated for a period of at least twelve months and as such, the marriage has not broken down irretrievably, the Divorce will be granted. Such objections can usually be overcome by obtaining evidence from family members or friends to confirm the separation.
It is common for parties to represent themselves at a Divorce Hearing. Should you need some guidance as to this process, please contact one of our experienced Family Lawyers for a FREE fifteen minute telephone conversation, on (07) 5679 8016.
Please bear in mind that Divorce is only one aspect of your separation and it dissolves your marriage only. It does not determine the parenting arrangements or property settlement entitlements of the parties, such matters being dealt with through a separate process.