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Answered in 9 minutes by:
9/26/2010
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
VerifiedChat Conversation Started
Deborah Awyzio :
Unfortunately the court only has to be satisfied that their has been an irretrievable breakdown of the marriage to grant a divorce, and an irretrievable breakdown of the marriage is proven by the fact that the parties have been separated for twelve months.
Deborah Awyzio :
When there are children involved, the court has to be satisfied that there are appropriate arrangements in place for the children. So the only possible way that the divorce hearing could be delayed, is if your friend can convince the court that the arrangements in place for the children are currently not appropriate. For example, that the Father is not paying appropriate child support.
Customer :
What is the procedure for the divorce hearing? Do both partners attend and talk, be asked Q's. She has heard that the courts like to see mediation and attempt to reunite the family, so she just wants to know what if anything she can do.
Deborah Awyzio :
Only one party has to attend. The court will ask whether there has been any change in circumstances since the application was filed. Your friend could say that she wants to attend counselling, but that would not cause the divorce not to proceed. If the Registrar hearing the divorce has any concerns about the arrangements for the children, they will ask questions about that as well.
Customer :
There are Q's about the children - The husband rarely sees the kids, preferring to spend time with a young girl he works with. He did not pay her any money for the first 3x months after he left, so she went thru the govt. to have child support paid to the govt.. She said his wage is actually now $15000 more than he has lodged with child support, leaving her battling financially while he lives comfortably back with his mum.
Customer :
The problem is complicated as there are many mixed emotions rather than just "legal" issues. Both partners have had extensive involvement in church over the years and have moral beliefs they are fighting against. The new girlfriend of the husband has been brought up in the church and because of her beliefs she is adamant there is no sexual involvement between them. Both are feeling guilty and ashamed as has been expressed in their sms and emails to ea other. If he could see a counsellor, delay the divorce, possibly the whole thing could go back to normal, rather than destroy the family.
Customer :
What does the husband need to do to delay the divorce hearing if he can be persuaded, is it simply a matter of instructing his solicitor?
Deborah Awyzio :
Yes if the Husband wants to delay the divorce he could instruct his lawyer to apply for an adjournment of the divorce hearing so they could attend counselling.
Customer :
If the husband says yes he will defer the divorce to allow for counselling, how could we be sure it is actually delayed and not find out in 2x weeks time that it's too late, it's all over?
Deborah Awyzio :
Your friend should attend the hearing to confirm that both parties want an adjournment.
Customer :
If he doesnt provide proof of a delay can the wife go to the hearing, raise the issues I mentioned before about 1. No payment for first 3x months, 2. Understated income to govt., 3. he is not paying her enough for her to properly look after their children, are they good enough reasons for her to seek a delay?
Deborah Awyzio :
Your friend should still atttend the hearing, to confirm that she agrees with adjournment.
Customer :
Still have not answered Q at 10:40am. Basically there is a hearing scheduled for next week, the wife wants to try to reconcile and we are hoping to get the husband to delay and try counselling. If he agrees to delay, how can we be sure it has been delayed and not find out later he lied and it went ahead and it's now too late?
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