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QLD Is Divorce Still Legal with Wrong Date on Decree?

Discussion in 'Family Law Forum' started by Dianne F W, 31 July 2016.

  1. Dianne F W

    Dianne F W Member

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    My ex-husband filed for divorce without notifying me. He lied on his application stating that he had no contact with me and did not know my address.

    I found out about the divorce on the day it was to be originally heard from a mutual friend, contacted the family court. They postponed it, he refiled and it was heard 3 months later in May. I did not contest it, glad to be rid of him, but I have only just noticed that the date he gave for our marriage is wrong.

    On the final decree I was sent, it said we were married on 29th September when we were actually married on 20th September.

    So my question is:: Does this mistake have any impact on the divorce or is it still legal?

    Thank you.
     
  2. AllForHer

    AllForHer Well-Known Member

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    If alerted to the error, the Court may just amend the decree to show the correct date rather than void the decree all together.
     
  3. Dianne F W

    Dianne F W Member

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    Thank you. I was worried because a paralegal friend made the point of, " How can a marriage that did not take place on that date be dissolved if it did not take place on the date that the divorce decree states it did? Technically, you are still legally married to him. That the court can void the decree and he will have to apply again with the correct dates."

    Next step I guess is to contact the court?
     
  4. AllForHer

    AllForHer Well-Known Member

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    Yes, I would contact the Family Court Registry for guidance.
     
  5. Dianne F W

    Dianne F W Member

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    Thank you again, I have just emailed my solicitor and told her the facts and asked what should i do. She never had anything to do with the divorce as I did not contest it and my hopefully ex husband :) did it himself without a solicitor. I will wait to see what she advises.
     

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