Yes, the divorce application may be declined for the following reasons:
- Failure to adhere to the legislated requirements for a divorce (such as the separation period). Please see our articles regarding divorce application requirements; or
- Failing to address arrangement for the care of the children of the marriage under the age of eighteen (18).
Children under the age of eighteen
The court may decline to grant a divorce until the parents finalise arrangements for the care of the children under the age of eighteen (18).
Before granting a divorce, the Family Law Act (1975) requires that a court be satisfied that:
- proper arrangements in all the circumstances have been made for the care, welfare and development of the children of the marriage; or
- there are circumstances supporting that a divorce be granted, even though the court is not satisfied that such arrangements have been made.
To satisfy the court, the divorce applications must address issues regarding the children such as:
- the adults caring for or living with the child;
- the relationship and time spent between the child and an absent parent;
- the arrangements for the child’s financial support and maintenance;
- the child’s health, current and future education; and
- supervision arrangements (child minding, etc.).
If the divorce application is unsatisfactory to the court, the application will be declined.
What can be done to avoid the court declining the divorce application?
Parents are encouraged to reach an agreement regarding the care and maintenance of the children of the marriage prior to filing an application for divorce. A parenting agreement can be evidenced by the parents signing a Parenting Plan or obtaining consent orders from the court.
AH Lawyers would be pleased to assist you with your divorce application and family law matters. Please contact our office for your free half hour initial consultation.
