Can one person oppose an application for divorce?

• Yes. You do this by filing a ‘response’ to the application.
  • You can state the reasons that you are opposing the divorce and provide evidence to support your position.
• Both you and your spouse will need to attend court on the hearing date with or without legal representation.
• The court will then consider the evidence of both parties at the hearing date.
  • It may make an order on this day or it may allocate more time on another day to consider the case.
• Remember that Australian divorce law is a ‘no fault’ system of law. This means that the court is not interested in why the relationship broke down or whether or not both people want a divorce. It will simply consider the application against the requirements for granting a divorce under the law.
• You may like to get legal advice about the strength of your case. A lawyer will also tell you what factors the court will take into account when deciding whether to grant the order for divorce. You can use our Phone a Lawyer service to get a preliminary consultation about your situation.