Divorce court orders help

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30 December 2015
Can someone give advice over divorce court orders?
I am posting this on behalf of my wife.

She seperated from her ex and he took her to Qld court to settle 4 years ago.
She did not attend the court hearing. So of course the entire settlement was all in his favour. He retained all of the assets. She was left the huge credit card debts all in her name. The house mortgage was left to her even though he had purchased the property before they met.

Years on she met me and now we are married. The debt collectors have begun chasing her down.

I understand that she had 28 days to appeal the court order. She made a huge error not appearing.
4 years have passed, surely there are avenues she can appeal.

Debts are over $100,000. We have bought a house together and now things are looking grim.

Please help




Well-Known Member
26 December 2018
Divorce Order or property settlement order.

If its just divorce, then no property orders were made.

If its property orders, then she's an idiot for not attending especially since the court would have had numerous mentions and opportunities for her to appear and I'm sure the husband's solicitor would have contacted her numerous times to respond.

Period to appeal has finished.

You can seek leave to appeal after the expiration period but 4 years is significant and there will need to be special circumstances.

Orders can be set aside pursuant to section 79A of the Act (http://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79a.html). But again, its very difficult.