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How can I challenge a Divorce Order that I think has been incorrectly made by the court?

I was really shocked and upset to receive a Divorce Order in the post today. I did not sign the documents and think my ex-partner forged the signatures. Can I do anything?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Separation & Divorce
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Pearl Beaumont, Bronte 2024 NSW

  • It is illegal to forge somebody else’s signature. You should seek advice from a lawyer to find out exactly what you need to do in your situation.
  • The court may cancel the order as there has been a ‘miscarriage of justice’. This means something illegal has occurred that has resulted in an unfair outcome.
  • If this happens then you can make an application for the Divorce Order to be discharged.
  • The court may then make an order for another divorce hearing to give you a chance to attend and tell your version or your ex-partner may need to start again. 

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