I’m getting married and I haven’t yet divorced – help!

By 7 May, 2019Divorce

Nothing focuses the mind like panic – getting married shouldn’t be one of those times but on occasions, if it is your 2nd marriage you may come to realise that one partner or the other has yet to arrange getting divorced. What can be done?

Usual Process

The usual process of divorce takes between 4 to 5 months. This involves filing your application and getting a hearing date about 3 to 4 months down the track and then a month passing before the final Decree and Certificate of Divorce is issued.

This can be problematic if your planned wedding is only a few months or weeks away.

Can I get an earlier hearing date?

At Your Divorce, if you give us a good reason and enough warning we are able to apply to the Court for what is called an Abridged Hearing Date. In plain English, this means an earlier hearing date because of special circumstances such as a re-marriage.

There is a legal requirement that a divorce application must be served on your former spouse at least 28 days prior to the hearing date. In special circumstances, again this period can be shortened. It is helpful if your former spouse will co-operate in this process and agree to shortening of time by signing a document. We can assist in making this request.

What happens if I get a shortening of time?

If you get a shortening of time for your hearing we will need to arrange to serve your application as quickly as possible once it has been filed with the Court. We will discuss with you how this best can be done depending on the location of your former partner and how co-operative they are with the process. If they acknowledge service and that they accept an Abridgment of Time the Court will usually allow the divorce to proceed on the shorter time frame.

Can the Court shorten the one month & one day before the final Decree?

The answer is YES. However, this is only usually granted where both you and your former spouse agree (consent) or the Court Registrar hearing the matters allows time to be shortened “for good reasons”. This could be a pending re-marriage.

Your next step

If you wish to apply for a divorce and due to personal circumstances need the divorce hearing undertaken as soon as possible then contact us at help@your-divorce.com.au and we will discuss the outstanding issue with you. Our aim is to try and simplify matters where possible and we look forward to being of assistance.