The divorce has no effect on rights or obligations relating to property, children or child support. Applications for Orders in respect of children can be made before or after the divorce. Any application in respect of property or spousal maintenance can be made before a divorce . If you file an application in respect of property or spousal maintenance after a divorce has been granted, then it must be filed within 12 months after the Decree becomes Absolute. After that period, a property application or spousal maintenance application can only be filed with the consent of the other party or proceedings commenced with special leave of the Court.
The granting of the divorce will not revoke any Wills that you or your spouse have made. The divorce will revoke any gift given in a Will to your spouse or any appointment of them as an executor, trustee or guardian. It is therefore advisable to carefully review your Will following divorce to ensure it has the effect you desire. A divorce may affect the rights of a party to the estate of the other party if they die without a Will.
A divorce may affect the entitlements of you and your ex-spouse under superannuation or insurance policies. It may also affect your social security entitlements, tax and immigration status.
On the divorce becoming Absolute, which occurs one month after the hearing, you are free to remarry. The Court will issue a sealed Order approximately 6 to 8 weeks after the hearing. A marriage celebrant may request to see the Order prior to a subsequent wedding.
This article provides basic information only and is not a substitute for a professional or legal advice . If you are likely to be involved in court proceedings or legal action, you should get advice from a family lawyers.
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