You can only oppose a divorce where there has not been 12 months separation as alleged in the application, or the court does not have jurisdiction.

If you do not want the divorce granted, you must complete and file a Response to Divorce and set out the grounds on which you seek the dismissal.

If you want the divorce granted but disagree with the facts in the Application for Divorce, you may also file a Response to Divorce. You need to state which facts you disagree with. The errors might, for example, be that dates of birth are incorrect or the details regarding the children are no longer correct.

A Response to Divorce needs to be filed at a family law registry within 28 days of the Application of Divorce being served on you in Australia or 42 days if it was served on you outside Australia.

If you need help with preparing a Response to Divorce contact Fabian Horton.