Divorce Application Inquiry
The client is based in Western Australia and seeks information regarding the initial stages of the divorce application process. They have concerns about whether they need to appear in court, the possibility of reversal of divorce charges, and whether their ex-partner's frequent messaging constitutes harassment. The client is experiencing anxiety and distress due to the situation and is seeking clarity on whether they are required to respond to these messages and what actions they need to take before the conditional order.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the steps in the initial divorce application process, and do I have to appear in court or see my ex during this process?
To initiate a divorce, you or your ex must file an application for a divorce order, citing irretrievable breakdown of the marriage. The application is usually filed online, and once accepted, a conditional order is issued. You typically do not need to appear in court unless the divorce is contested. If both parties agree, the process is largely administrative. More details on the process can be found here.
Can my ex's repeated messaging about the divorce be considered harassment, and what actions can I take if it is?
Repeated messaging about the divorce may be considered harassment if it causes alarm or distress. In Australia, harassment can be addressed under the relevant laws. If you believe this behavior constitutes harassment, you could consider applying for an injunction to prevent further contact. It's advisable to keep a record of all communications and seek legal advice. For additional information, you might find relevant guidelines on harassment helpful.
Does 'not intending to apply for financial orders' mean she is not seeking any assets, and how might this affect the overall settlement?
'Not intending to apply for financial orders' indicates that your ex does not currently seek a court-ordered financial settlement, meaning she is not pursuing assets or financial support at this stage. However, this statement isn't binding, and she could apply for financial orders later unless a clean break order is agreed upon and approved by the court. It's crucial to consider a financial settlement before finalising the divorce to avoid future claims.
In what circumstances could the charges for the divorce be reversed onto me, and how would I be notified?
In Australia, the costs of a divorce can be transferred to the respondent if the applicant requests this and the court agrees. This typically occurs if the respondent has behaved unreasonably, causing additional legal expenses. If the court decides to make a cost order against you, you will be notified through the court order detailing the amount and payment instructions.
If I am feeling anxious and distressed about responding to her messages regarding the divorce, what are my legal obligations and options?
You are not legally obliged to respond to your ex-partner's messages about the divorce, especially if doing so causes you anxiety and distress. It's advisable to limit direct communication and consider using a solicitor or mediator to manage communications. If the distress becomes severe, seeking support from a mental health professional may be beneficial.
