Can you get divorced without a property settlement

A divorce will have no effect on the rights and obligations of parties with respect to property, children and child support.

Children
Applications for court orders concerning children can be made before or after the divorce.

Property and Spousal Maintenance
An application for orders concerning property or spousal maintenance can be made any time before filing a divorce. If a divorce application has already been filed, parties need to wait until the divorce becomes final and within 12 months file an application with the court for orders. Beyond the 12 month period a party or parties need to get special leave of court to file their property or spousal maintenance application.

Wills
A divorce will not revoke a will that is made prior to the divorce. Such will continues until revoked by the will maker. However, a divorce will cause the revocation of any gift that is given to the in the will. The divorce will also operate as a revocation of the appointment of a spouse as executor, trustee or guardian. A divorce may also affect the rights of a party to the estate of the other party who dies without a will.

Superannuation
A divorce may affect the right of the party and former spouse to superannuation, insurance policies, social security entitlements, tax and immigration status.

Remarriage
A party is free to remarry one month and one day after the divorce becomes final. However, a party should not assume that a divorce will be granted in just one hearing.

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Author

Alan Weiss

23rd March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.