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How long will my divorce take to be approved?
When you file your Application for Divorce and supporting evidence the Court will list it for a hearing on a date usually at least 6 to 8 weeks from the date that the Application was filed. This then allows you time to serve the other party with all of the filed documents if you have filed a sole rather than joint Application for Divorce which should occur at least 28 days before the hearing date because they must do that within 28 days if they intend to respond or object to the Application.
What to do if the other party is overseas?
It becomes more complex if the other party is overseas because in that circumstance they have 42 days to file an Response to the Application. In either case though, if the person has not been served at least 28 or 42 days before the hearing there is a risk the Application will be adjourned to allow that to occur.
Before the hearing you will need to make sure that you have proven personal service has occurred by filing a signed Acknowledgement of Service if this has been signed by the other party and an Affidavit of Service if it is a sole Application for Divorce.
It becomes more complex if the other party is overseas because in that circumstance they have 42 days to file an Response to the Application. In either case though, if the person has not been served at least 28 or 42 days before the hearing there is a risk the Application will be adjourned to allow that to occur.
Before the hearing you will need to make sure that you have proven personal service has occurred by filing a signed Acknowledgement of Service if this has been signed by the other party and an Affidavit of Service if it is a sole Application for Divorce.
Understanding the Divorce Process for Joint Applications.
If you have filed a joint Application for Divorce there is no requirement for service to happen but you should let the other party know that it has been filed, the Court date and whether you need to attend or it is being heard in absence.
Either way whether it is a sole or joint Application for Divorce providing the Court is satisfied that the Application meets the Courts criteria for a Divorce Order to be made and where applicable the other party has been served, the Court will make a declaration that the Divorce is granted then and there.
The Court then waits one month and one day to issue the Divorce Order and from the release of the Order you are divorced.
If you have filed a joint Application for Divorce there is no requirement for service to happen but you should let the other party know that it has been filed, the Court date and whether you need to attend or it is being heard in absence.
Either way whether it is a sole or joint Application for Divorce providing the Court is satisfied that the Application meets the Courts criteria for a Divorce Order to be made and where applicable the other party has been served, the Court will make a declaration that the Divorce is granted then and there.
The Court then waits one month and one day to issue the Divorce Order and from the release of the Order you are divorced.
Property Settlement time frame after Divorce Order.
It is important to note that if property settlement has not already occurred, that you have 12 months from the date that the Divorce Order is effective to either file an Application for Consent Orders for property, sign a Binding Financial Agreement or to commence proceedings by filing an Initiating Application for property Orders.
If you have any further questions or require clarification regarding the divorce process and timelines, don't hesitate to contact us. Our team is committed to providing guidance and support throughout your case, ensuring a smooth and efficient resolution.
It is important to note that if property settlement has not already occurred, that you have 12 months from the date that the Divorce Order is effective to either file an Application for Consent Orders for property, sign a Binding Financial Agreement or to commence proceedings by filing an Initiating Application for property Orders.
If you have any further questions or require clarification regarding the divorce process and timelines, don't hesitate to contact us. Our team is committed to providing guidance and support throughout your case, ensuring a smooth and efficient resolution.
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