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VIC Divorce - Can Wife Stop It?

Discussion in 'Family Law Forum' started by Darren Durkin, 25 March 2015.

  1. Darren Durkin

    Darren Durkin Member

    25 March 2015
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    l'm in the process of a divorce. This is due on the 31st March next Tuesday, we have done a joint application which we have both signed,. There is a small amount of money l owe her, she believes it's $1900, l believe it's $1400 but this will be sorted (property settlement). But my question, is after agreeing on the question that all matters are settled and ticked by both, my wife has said unless she receives her money by next Tuesday this divorce will not go ahead, can she stop this after ticking all matters are settled?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    If the divorce application has been signed and filed, the registrar only needs to be satisfied that the marriage has broken down irretrievably to pass the divorce decree. This means that property settlements - which is what this exchange of payment falls into - are redundant when it comes to deciding divorce, and you also don't need the consent of the other party to pursue a divorce, anyway. All together, the other party is powerless to stop the divorce, provided it has been correctly signed and filed.

    However, the other party will be able to pursue a property settlement within 12 months of the divorce being finalised (which occurs one month and one day after the divorce hearing). They must first attempt to reach agreement without court intervention through a family dispute resolution conference.

    Hope this helps.
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  3. Sophea

    Sophea Guest

    Hi, I agree with Allforher, now that it is filed I doubt she can stop it. In any event, you can apply unilaterally for a divorce, your ex doesn't have to endorse the application.

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