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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42660
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I want to know if my ex husband has filed for divorce, am i

Customer Question

i want to know if my ex husband has filed for divorce, am i not supposed to be served these papers? we have separated for 12 months and nothing was ever mentioned to me
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: qld
JA: Has anything been filed or reported?
Customer: he has filed for divorce but i have not received any paperwork
JA: Anything else you want the lawyer to know before I connect you?
Customer: i had property settlement with the mediator, at the time i was under enormous health and emotional stress so i settled for less than half, only afterwards discovering that he just lied to the courts about his financial situation, and now to discover that he has filed paperwork in the courts for divorce but i have not been notified by him or anybody, how does this work am i not supposed to be served divorced papers, and can i not appeal the property settlement on the grounds of my stress that i was under
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 1 month ago.

Good Evening.

You have to be served with any court papers and he has to provide proof of service to the court. If you have not been served the court will not grant the divorce.

If he has lied about the financial position and you have evidence and you signed settlement orders you can ask to have them set aside under section 79A of the family law act.

http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79a.html

The divorce is separate to the property. If you want to know if he has filed you can call the family court and they will tell you if he has filed and the date it has been listed.

Here is the contact page of the family court.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/contact-us/

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Regards

Leon

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