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qldlawyer, Solicitor
Category: Australia Law
Satisfied Customers: 13
Experience:  LLB (Hons)
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Asking on behalf of a friend of mine. Almost 2 years ago,

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Asking on behalf of a friend of mine.

Almost 2 years ago, the family court granted a decree nisi to my friend. All the necessary requirements under Australian law had been fulfilled. However, her former husband, a resident of Kuala Lumpur and a top defense lawyer there, has decided to make life very difficult for her. He appealed against the decree nisi decision on some vague point of law. So, last July, the appeal was heard - and she is still waiting for the result! Every query leads to the same dead end, that 'The file is still with the judge'. Meanwhile, the ex is delaying settlement on the grounds that the judge has not yet granted the divorce.

It seems a dead end and there is no one for her to appeal to to get things moving.

Could you please advise if she is totally at the mercy of a judge, who might even have lost the file or forgotten about the case altogether. She would just like to get on with her life.


Les Yemm
Hello, settlement is not dependent upon the decree nisi and can be finalised at any time but any application for a property settlement between the parties must be made within 12 months of the divorce becoming absolute (i.e. 1 month after it is granted). Accordingly it is irrelvant to the property settlement whether the divorce "file is still with the judge". I suggest your friend see a specialist family law solicitor as soon as possible about property settlement.
Customer: replied 6 years ago.

Thanks. I might not have made myself clear. I was wondering what she can do to get the 2 year old divorce case resolved. Is there a query or complaint procedure within the Family COurt which she can activate to get a result?



Hello, I suggest your friend contact the Law Society in the State in which the matter was heard and request they correspond with the Court on behalf of your friend, to express concern to the Chief Justice in relation to the delay of the delivery of the appeal Judges decision and reasons for judgment.
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