NSW Divorce application question

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LMV44

Member
11 August 2019
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I own 50% shares in a business with the person I'm divorcing from. It was setup before we were married. We aren't on bad terms, and we've agreed to keep equal ownership of it. Do I need to do anything about this in regards to the divorce application? I was told by others I'd need to attend a court hearing, but there is no dispute about it, and I already am legally entitled to my share.
 

Atticus

Well-Known Member
6 February 2019
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Divorce & property settlement are two different applications... Granting a divorce only requires that the marriage by irretrievably broken down... The only proof required for that is that the parties have been separated for the minimum of 12 months before applying for divorce..

Property settlement can be much more complex, less complex if you agree on how to divide all your assets. You will probably need the advice of a solicitor & perhaps apply for consent orders if you agree on settlement terms
 
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hshkara

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14 July 2019
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I own 50% shares in a business with the person I'm divorcing from. It was setup before we were married. We aren't on bad terms, and we've agreed to keep equal ownership of it. Do I need to do anything about this in regards to the divorce application? I was told by others I'd need to attend a court hearing, but there is no dispute about it, and I already am legally entitled to my share.

Sounds like you will not have to attend the divorce hearing:

If there is no child of the marriage aged under 18 years, you do not need to attend the divorce hearing.

If you have made a joint application, you and your spouse do not need to attend the divorce hearing.

If you have made a sole application and there is a child of the marriage aged under 18 years, you need to attend the divorce hearing unless there are special circumstances.

If your ex-spouse has, in their Response to Divorce, opposed the application, they must appear to the divorce hearing.

Read more on how to get a divorce here.