If you have been served with an Application for divorce you can:
To respond to an Application for divorce you must file a Response to Divorce.
If you agree with your spouse’s Application for divorce, you don’t have to do anything. However, you should send back the Acknowledgement of service (divorce) so the Court knows you received the application.
If you don’t agree with your spouse’s application, you can file a Response to Divorce. You can do this if you want to:
If you file a Response to Divorce and oppose the divorce, you must attend the hearing.
You can download a copy of this form from the Family law forms page on the Federal Circuit and Family Court of Australia website.
You will need to include the following information in your response:
If you need help to file a Response to Divorce, you should get legal advice.
You can oppose a divorce application if you:
To do this:
If the Court finds that either of these grounds exist, it will dismiss or adjourn the application.
If you dispute any of the facts set out in the Application for divorce, but don’t oppose the divorce, you can file and serve an Affidavit setting out the facts in dispute. You must do this at least seven days before the hearing date. If you file an Affidavit, you should go to court for the hearing
To correct any errors or dispute the facts in the divorce application:
You can do this even if you want the Court to grant a divorce.
Don’t sign your Response to Divorce until you are ready to have it witnessed.
If you file a Response to Divorce and oppose the divorce, you must attend the hearing.
Once you have completed your Response to Divorce, you must have it witnessed by an authorised person (Justice of the Peace or lawyer).
You can file your Response to Divorce online via the Commonwealth Courts Portal or in person at a court registry.
You don’t have to pay a fee to file your Response to Divorce.
When you file your response, it will be stamped with the Courts seal and returned to you so that you can serve it on your spouse.
You must serve your Response to Divorce on your spouse within 28 days of being served with the Application for divorce. If you were served overseas, you must serve your response within 42 days of being served the Application for divorce.
You can do this by:
You don’t need to serve your spouse by hand, but you can if you want to.
After you have served your spouse, you need to prepare for your divorce hearing so you can tell the Court about your response and answer the Court’s questions.
For more information, see Preparing for the hearing.
If your spouse is overseas, there is a different process you must follow to serve them with your response. For more information about how to serve your spouse overseas, see Serving a legal document across international borders on the Attorney-General’s Department website.
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